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Ignorantia Facti Excusat, Ignorantia Juris Non Excusat

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IGNORANTIA FACTI EXCUSAT,

IGNORANTIA JURIS NON


EXCUSAT
PRESENTED BY – ILA SINGH
20FLICDDN01062
• Ignorantia Facti Excusat is a Latin maxim that means ignorance of a fact is
an excuse and Ignorantia Juris Non-Excusat means the ignorance of law is
no excuse.
• Section 76 and 79 of the IPC (1860) deals with the provisions of mistake of
fact and mistake of law precisely. It is rooted in the principle of Ignorantia
Fact Excusat and Ignorantia Juris Non-Excusat which infers that ignorance of
fact is an excuse but ignorance of the law is no excuse.
SECTION 76-

Nothing is an offence which is done by a person who is, or who by


reason of a mistake of fact and not by the reason of a mistake of a law
in good faith believes himself to be, bound by law to do it.
• One cannot plead the defense of mistake of fact if the act committed is
illegal.
Essential elements of Section 76 of IPC –
1. An act or mistake done by a person who is compelled by law in doing that.
2. Such a person believes that he is bound by law to do such an act.
3. Mistake must be related to fact and not the law.
4. The act committed must be in good faith.
CASE LAWS-
1. Bhawoo Jivaji vs Mulli Dayal (1888)
2. Sheo Surun Sahai vs Mohammed Fazal Khan
3. State of WB vs Shew Mangal Singh-
SECTION 79
Nothing is an offence which is done by any person who is justified by law or
who by reason of a mistake of fact and not by reason of a mistake of law in
good faith, believes himself to be justified by law in doing it.
Essentials of Section 79-
1. The act of a person is justified by law or by mistake he believes that his act
is justified by law.
2. It is a mistake of fact.
3. It is not a mistake of law.
4. It is done honestly and in good faith.
CASE LAWS-

1. Raj Kapoor v. Laxman, AIR 1980 SC 605


2. Hayat v. Emp, AIR 1932 Lahore 243
THANK YOU

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