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Ignorantia facti excusat

Maxim
Criminal
Literal meaningIgnorance of fact excuses
Pronunciationig-no-RAN-shee-ah FAK-tee ex-KYOO-sat

A person who acts under an honest mistake about a fact is not guilty if the true facts would have made the act lawful. The mistake must be genuine and reasonable.

Example

A hunter shoots at what he honestly believes is a wild animal, but it is a man hidden in the bushes. His mistake of fact may excuse him, if the belief was honest and reasonable.

Statutory link

Indian Penal Code, Sections 76 and 79 (now the Bharatiya Nyaya Sanhita) protect acts done by mistake of fact in good faith.

Exceptions / limits

The mistake must be about a fact, not about the law. It must be made in good faith, with due care.

Exam tip

Asked as the contrast with ignorantia juris non excusat.

Memory trick

Fact can excuse; law cannot.

Key takeaway

An honest and reasonable mistake of fact can excuse, but a mistake of law cannot.

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