Question:

Principle: Ignorance of Fact is excused but ignorance of law is no excuse.
Fact: X was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the Airport of Bombay on 28 Nov. 1962 it was found on searching that X carried 34 kg of Gold Bars on his person and that he had not declared it in the 'Manifest for Transit'. On 26th November, 1962 the Government of India had issued a notification modifying its earlier exemption, making it mandatory now that the gold must be declared in the "Manifest" of the aircraft.

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Ignorance of law is not a defence; only ignorance of fact can sometimes excuse liability.
Updated On: Aug 11, 2025
  • X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago
  • X cannot be prosecuted because ignorance of fact is excusable
  • X can be prosecuted because ignorance of law is not excusable
  • X's liability would depend on the discretion of the court
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The Correct Option is C

Solution and Explanation

The maxim ignorantia juris non excusat means that ignorance of the law is never a valid defence. While ignorance of a fact can excuse liability, here X’s lack of awareness of the notification is ignorance of law, not fact. Hence, he is liable and can be prosecuted for non-compliance.
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