Legal Practice & Procedure - 5

Legal Practice & Procedure - 5

Legal issue – “When can the plea of ignorance of law be taken as a defence from incurring any liability?”

There is a four-prong test wherein for a valid defence, there must exist-

(1) an ignorance or unawareness of any law and

(2) such ignorance or unawareness must give rise to a corresponding reasonable and legitimate right or claim

(3) the existence of such right or claim must be believed bonafide and

(4) the purported act sought to be punished must take place on the strength of such right or claim.

Hence, it is only when all the four of the above conditions are fulfilled, that the person would be entitled to take a plea of ignorance of law as a defence from incurring any liability.

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Legal Practice & Procedure - 5

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