ignorantia facti excusat
A person who acts under an honest and reasonable mistake about facts, which if true would make his act lawful, lacks the guilty mind the offence requires. The BNS gives effect to this in s.14 (act by a person bound, or by mistake of fact believing himself bound, by law; old s.76 IPC) and s.17 (act by a person justified, or by mistake of fact believing himself justified, by law; old s.79). The mistake must be in good faith, meaning with due care and attention, and must be of fact, not of law.
The classic illustration is a soldier who fires on a mob under his officer's orders, or a person who seizes another honestly believing him to be a wanted offender. The maxim is the counterpart of ignorantia juris non excusat. In contract, a mutual mistake of fact essential to the agreement makes it void (s.20, Contract Act).
Example
An officer who arrests Z, honestly and reasonably believing him to be the person named in the warrant, is protected by s.14 BNS: ignorantia facti excusat.
In Indian law
- Sections 14 and 17, Bharatiya Nyaya Sanhita, 2023 (old ss.76 and 79 IPC)
- Section 20, Indian Contract Act, 1872
See also
ignorantia juris non excusat · mistake of fact · general exceptions · mens rea
Read more in the study notes
- General exceptions: mistake, accident, necessity and incapacity (Bharatiya Nyaya Sanhita)