Ignorantia Facti Excusat, Ignorantia Juris Non Excusat: Mistake of Fact and Mistake of Law under the General Exceptions of the Bharatiya Nyaya Sanhita, 2023
The maxim that ignorance of fact may excuse while ignorance of law never does is among the oldest principles of criminal law. This article examines how the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code, 1860 from 1 July 2024, preserves this distinction in Chapter III (General Exceptions). It argues that the line between fact and law is less stable than the maxim suggests, and proposes legislative and judicial reforms to address the injustice that can follow.
Authors
- Lekshmi V.S
- V.V. Sai Akshaya
Institutions
- Sri Chandrasekharendra Saraswathi Viswa Mahavidyalaya (IN)
Publication Details
- Journal
- International Journal of Law Management & Humanities
- Published
- 2026-11-04
- DOI
- https://doi.org/10.63108/ijlmh.13163
- Primary Topic
- Criminal Law and Policy
- Type
- article
- Field-Weighted Citation Impact
- 0.00