Henry was a passenger from Zurich to Bombay in a Swiss Plane. When the plane landed at the airport at Bombay on 28th November, 1962 it was found on search that George carried 34kgs of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th November, 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the 'Manifest' of the aircraft. What will happen to Henry?

Henry cannot be prosecuted because he has no knowledge about the notification issued only 2 days ago. Henry cannot be prosecuted as it is a mistake of fact which is excusable. Henry will be prosecuted because it is a mistake of law which is not excusable. The liability of Henry will depend on the court’s discretion.

Henry will be prosecuted because it is a mistake of law which is not excusable.

Ignorantia Juris Non-Excusat: This maxim is originated from ancient Roman law which literary means ignorance of a law or a lack of knowledge of these laws is not an excuse. It implies that the court presumes that every party is aware of the law. Hence cannot claim ignorance of the law as a defence to escape liability. The notion of legal literacy is based on the principle that every individual must be aware of their rights and obligations. Example: Henry was a passenger from Zurich to Bombay in a Swiss Plane. When the plane landed at the airport at Bombay on 28th November, 1962 it was found on search that George carried 34kgs of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th November, 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the 'Manifest' of the aircraft.