The document discusses the legal principles of ignorantia facti excusat and ignorantia juris non excusat. It explains that ignorance of fact can be an excuse but ignorance of law is not an excuse. It outlines the provisions and essential elements of Sections 76 and 79 of the Indian Penal Code which deal with mistakes of fact and law.
The document discusses the legal principles of ignorantia facti excusat and ignorantia juris non excusat. It explains that ignorance of fact can be an excuse but ignorance of law is not an excuse. It outlines the provisions and essential elements of Sections 76 and 79 of the Indian Penal Code which deal with mistakes of fact and law.
Original Title
Ignorantia facti excusat, ignorantia juris non excusat
The document discusses the legal principles of ignorantia facti excusat and ignorantia juris non excusat. It explains that ignorance of fact can be an excuse but ignorance of law is not an excuse. It outlines the provisions and essential elements of Sections 76 and 79 of the Indian Penal Code which deal with mistakes of fact and law.
The document discusses the legal principles of ignorantia facti excusat and ignorantia juris non excusat. It explains that ignorance of fact can be an excuse but ignorance of law is not an excuse. It outlines the provisions and essential elements of Sections 76 and 79 of the Indian Penal Code which deal with mistakes of fact and law.
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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-