Mistake of Fact is Excusable but Mistake of Law is not

According to the Indian Law Mistake of Fact is Excusable but Mistake of Law is not. Meaning of the phrase in Hindi “यदि कोई व्यक्ति यह कहे कि मैं कानून नहीं जानता और ऐसा कृत्य कर दे तो यह क्षमा योग्य नहीं है। हालाँकि, यदि किसी व्यक्ति ने अच्छे इरादे और ईमानदार विश्वास के साथ तथ्यों की गलती से कोई गलत कार्य किया है कि वह ऐसा करने के लिए बाध्य है, तो उसे माफ किया जा सकता है।”

“Mistake of Fact is Excusable but Mistake of Law is not”

This phrase  means a defense of mistake of fact can be excusable but the defence of mistake of law is not excusable. It is assumed that every person knows the law of the country he resides in, if a person says, I don’t know the law and does the act, it is not excusable.

Illustration

Situation 1

A is 17 years old went to buy wine from the wine shop. B, the owner of the shop honestly believed that A was above 18 years of age and as per law 18+ person can legally have wine. C, a policeman caught B for illegally selling wine to a child. Here B can take advantage of the mistake of fact because he honestly believes A to be 18+.

Situation 2

A has possession of a rifle without a licence. B, a policeman caught him. He asked for the defence of mistake of law i.e., he was unaware of the law. Here, A does not receive any defense because it is assumed that every person knows the law of the land in which he resides.