CLAT Sample Paper CLAT Sample Paper-7

  • question_answer
    Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives.
    Principle Ignorance of Fact is excused but ignorance of law is no excuse.
    Fact X was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the Airport of Bombay on November 28, 1962, it was found on searching that X carried 34 kg of Gold Bars on his person and that he had not declared it in the 'Manifest for Transit'. On 26th November 1962, the Government of India had issued a notification modifying its earlier exemption, making it mandatory now that the gold must be declared in the manifest of the aircraft.

    A)  X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago

    B)  X cannot be prosecuted because ignorance of fact is excusable

    C)  X can be prosecuted because ignorance of law is not excusable

    D)  X's liability would depend on the discretion of the court

    Correct Answer: C

    Solution :

    X can be prosecuted because on 26th November, 1962. The Government of India had issued the notification making it mandatory that the gold must be declared in the manifest of the aircraft, while X had made his journey by air on 28th November, 1962. In this way, his act was in contravention of the law. Mr X cannot plead ignorance of the new notification issued two days ago because ignorance of law is no excuse.


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