Maxims

By Vijay Kumar

Ignorance of law is no excuse.

• We are not quite sure that if the maxim that everyone is presumed to know the law is applied, there will be any case of payment under a mistake of law unless that presumption is rebutted in the first instance, for, the moment it is assumed that everyone is presumed to know the law, it is clear that no one can make a mistake as to the law. It is sometimes said that every man is presumed to know the law, but this is only a slovenly way of stating the truth that ignorance of the law is not in general an excuse. “There is no presumption in this country that every person knows the law, it would be contrary to common sense and reason if it were so

• Ignorance of law is no excuse but it is a factor to be taken into consideration while imposing the quantum of penalty

• Now, for an effective administration of law, it is essential to observe the rule that ignorance of law- is no excuse. But before the knowledge of law is attributed to every member of the public, the law must be published or promulgated for general information

• While ignorance of law is no excuse, yet an omission due to ignorance or understanding of the law in a particular manner cannot lead to the inference of mala fide intent, for which there should be some evidence on record.