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.

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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
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article

Ignorantia Facti Excusat, Ignorantia Juris Non Excusat: Mistake of Fact and Mistake of Law under the General Exceptions of the Bharatiya Nyaya Sanhita, 2023

Lekshmi V.S, V.V. Sai Akshaya
International Journal of Law Management & Humanities
Criminal Law and Policy
article

Ignorantia Facti Excusat, Ignorantia Juris Non Excusat: Mistake of Fact and Mistake of Law under the General Exceptions of the Bharatiya Nyaya Sanhita, 2023

Lekshmi V.S, V.V. Sai Akshaya
article en

Abstract

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.

International Journal of Law Management & HumanitiesVol. 9(V)
Sri Chandrasekharendra Saraswathi Viswa Mahavidyalaya (IN)
Openalex Percentile: Top 8%
Criminal Law and Policy
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