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mistake of law Ignorance of law is no excuse and the maxim is ignorantia juns neminem execusat. The rule is very strict, since the presumption is that everyone knows the law. And the legal presumption is irrebuttable. But knowledgeability of law is an ideal state. It cannot be said that a law-breaker disregards the principles of justice and equity at the same time. Hence, certain exceptions are in the course of being developed, e.g., the defence of claim of right in criminal law. The Privy Council (UK) held that the maxim does not apply to case where there is no provision for the publication of an order by which a man can find out what the law is. And this was quoted with approval by Subba Rao, J., of the Supreme Court in a dissenting opinion. |
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mistake of law Error as to the law and its effects. Never a defence, since every person is presumed to know the law. |