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Ignorantia Juris Non Excusat

By S. N. Johri

Published In

Cr LJ 1949

People have very often confused the purpose of law. Is Law for the purpose of administration Of Justice or for the administration of the state? Jurists have consistently held that law is for the administration of justice but in fact the Courts of law in awarding legal justice have consistently changed the purpose of law and reduced it to an instrument by which we keep the administration of the state intact, by purporting to satisfy the notion of justice of the people seeking it under the banner of the state. Justice demands that a man should be held liable for the commission of an act which he knows to be criminal. Criminal element of the act is not something independent of the mental state which carries the sense of knowledge or mens rea. There are some classes of offences which for the smooth administration of the state and other reasons have been kept out of the folds of mens rea, but they are not much in number. It is only when the imperative duty is cast on the man irrespective ....

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