ipc mistake of law vis a vis mistake of fact

Topics: Jury, Criminal law, Common law Pages: 28 (10889 words) Published: October 30, 2013
THE INDIAN PENAL CODE PROJECT

Submitted in Partial Fulfilment of the B.A. LL.B. (H), Fifth Semester Mistake of Fact vis-à-vis Mistake of Law

SUBMITTED BY: (GROUP: ) SUBMITTED TO: AANCHAL SINGH (661) Dr. SACHIV KUMAR ABHILASH KALLA (663) SATISH FENIN (657)

SIDDHANT GUPTA (659)
ZUBIN AHEMAD

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB
NOVEMBER,2013
SUPERVISOR’S CERTIFICATE

This is to certify that the Project Paper titled: Mistake of Fact vis-à-vis Mistake of Law, submitted to Rajiv Gandhi National University of Law, Punjab, in partial fulfillment of the requirements for Paper-V of the B.A.LL.B (Hons.), fifth semester, is an original and bonafide research work carried out by Aanchal Singh, Siddhant Gupta, Zubin Ahmad, Satish Fenin, Abhilash Kalla, under my supervision and guidance. It is further certified that no part of this study has been submitted to any University for the award of any Degree or Diploma whatsoever.

ACKNOWLDGEMENT
On the successful accomplishment of this project, we would like to thank our Penal Law professor Prof. Sachiv Kumar who despite of all his pre-occupations provided us all the assistance and guidance we needed for the accomplishment of this project. We would like to take the opportunity to convey our gratitude to the Vice Chancellor, Registrar and all the teaching and non-teaching staff of Rajiv Gandhi National University of Law who have provided us with the perfect environment and facilities to carry out our research. We would like to convey our gratitude to the friends who have rendered us their valuable time and without their help this project would not have been in its present form and shape. Group II

CHAPTER 1
INTRODUCTION
Introductory
As far as provisions of the Indian Penal Code, 1860 (IPC), Mistake of fact is justifiable but Mistake of law is an excuse which is not entertained by any court of law under any statute. As a general rule, ignorance of, or a mistake as to, the law is irrelevant as the citizen is presumed to know the law of the land. This project aims to discuss in detail, after examining the difference between mistake of fact and mistake of law, will review Mistake of fact as a general defence and an attempt has been made to compare Mistake of fact as a valid defence under Indian Contract Act, 1872, decisions that consider whether ignorance should be permitted to excuse. The present health of the maxim, it will be shown, is artificially induced: only a small kernel of logic lies inside this large and illogical doctrine, and if deprived of the unquestioning adherence to which it owes its present form, ignorantia maxim might pass away without harm to law enforcement and with considerable loss to the harmony of the criminal law. Object of study

The project work is carried out as an attempt to differentiate the two basic concept of IPC, 1860 i.e. the Mistake of Fact and the Mistake of Law and to do away the misconception between the two as both are misunderstood as one and same thing as far as general defences of any violation of law is concerned. Scope of study

This project focuses on discussing Mistake of Fact and Mistake of Law simultaneously with respect to provision in the Indian Penal Code, 1860 (IPC) and the use of Mistake of Fact as a general defence. Moreover in the further chapters, the project also lays emphasis on the comparative analysis between the provision of Mistake of Fact under the Indian Penal Code, 1860 (IPC) and Indian contract Act, 1872 (ICA) with the help of decided case laws.

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