“Mistake of Fact “and “Mistake of Law”

Mistake of Law and Mistake of Fact

 Lord Russel, Chief Justice in Sand Ford’s case while defining [the term ‘ Mistake ‘ observed that “Mistake is not mere forgetfulness. It is a slip made not by design but by mischance.” In Halton‘s case, it was observed that mistake admitted a knowledge but implied wrong conclusion.

Mistake is of two types. they are as follows: –

1. Mistake of Fact.

2. Mistake of Law.

Mistake Of Fact

Under section 76 and 79 of the Indian Penal Code, a mistake must be of fact and not of law. Mistake of Fact is a good defence while mistake of Law is no defence.

Section 76 and 79 of the Indian Penal Code deals with Mistake of Fact as a defense.

Section 76 of the Code provides: – ” Nothing is an offence which is done by a person who is or who by reason of mistake of fact and not by reason of a mistake of law in good faith believes himself to be bound by law to do it.”

Illustrations of Section 76 of Indian Penal Code

1. A, a solider, fires on a mob by order of his superior officer in conformity with commands of law . A has committed no any offence.

2. An officer of a Court of Justice ordered by that Court to arrest Y, and after due enquiry, believed Z to be arrested Z, A has committed no offence.

   Section 79 of the Indian Penal Code states: – “Any person who is justified by law or who, due to a mistake of fact and not a mistake of law, in good faith believes he is justified by law in doing so, commits no offense.

Illustrations of section 79 of Indian Penal Code

A sees Z commit what appears to H to be a murder. A, in exercise to the best of his judgement exerted in good faith of the power while the law gives to all persons of apprehending murders in the act, seizes Z in order to bring Z before the proper authorities. A has committed no offence though it may turn out that Z was acting in a self -defense.

MISTAKE OF LAW

In State of Maharashtra VS MH George, an accused totally ignorant about existence of statute creating a strict liability and innocently did an act in contravention of the statutes. Judges held that ignorance about the existence of a statute creating strict liability is not a defense. In the case of Cooper VS Simon, the court pleased that the accused acted on the wrong advice given by the attorney. The court held that a mistake or ignorance of the law, however bonafide, does not count as a defense to a criminal offense charge.

The “mistake of law” is a legal concept that refers to a situation where an individual misunderstands or misinterprets the law, leading them to violate it unintentionally. In legal systems around the world, a fundamental principle is that ignorance of the law is not an excuse for breaking it. However, some exceptions exist to this principle, especially when we consider the mistake of law to be reasonable or excusable.

 Difference Between Mistake of Fact and Mistake of Law

Mistake of fact and mistake of law are two distinct legal concepts, each with its own implications and consequences. Here’s a breakdown of the key differences between them:

1. Nature of the Mistake:

   • Mistake of Fact: This occurs when a person misunderstands or mistakes some fact or circumstance relevant to the situation.

     For example, if someone believes they are picking up their own coat from a coat rack but accidentally take someone else’s identical coat, that would be a mistake of fact.

   • Mistake of Law: – Lawyers on the other hand make mistakes involving misunderstanding or being mistaken about the legal consequences of their actions. It involves ignorance or misunderstanding of the law itself, rather than the factual circumstances of a situation.

2. Legal Implications:

   • Mistake of Fact: In many legal systems, a genuine mistake of fact may serve as a defense to certain criminal charges or civil claims, particularly if the mistake negates the required intent for the offense

   • .Mistake of Law: – Generally, most legal systems do not recognize mistake of law as a defense. The principle “ignorance of the law is no excuse” is prevailing, expecting individuals to know and understand the laws that apply to them.

     However, there are exceptions in certain circumstances, such as if the mistake was reasonable or if specific statutory provisions allow for it.

3. Intent Requirement:

   • Mistake of Fact: Mistake of fact can affect the mental state or intent of the individual. For example, if someone mistakenly believes they are acting in self-defense, their mistaken belief may negate the required intent for a murder charge.

   • Mistake of Law: Mistake of law generally does not affect the mental state or intent of the individual. Even if someone genuinely believes their actions are legal, the law may still hold them liable for violations.

4. Reliance:

   • Mistake of Fact: In some cases, individuals may rely on mistaken facts as a defense, particularly if their reliance on those facts was reasonable under the circumstances.

   • Mistake of Law: Generally, the legal system does not accept reliance on mistaken interpretations of the law as a defense. Nevertheless, the legal system may sometimes consider reliance on legal advice from qualified professionals.