Ignorance of law Must Be An Excuse in civil matters

In my view Ignorance of law MUST BE AN EXCUSE in civil matters for the following reasons.

1. There are almost 1,000 Acts, or even more, in our country, including Central, State and delegated legislation by local authorities.
2. It is my humble challenge that even the names of all the Acts can not be reproduced by any qualified Advocate, leave alone thoroughly understanding them.
3. It is IMPOSSIBLE and, therefore, highly unreasonable to expect a layman to know every law applicable to him.
4. Section 56 of Indian Contract Act, 1872 provides that "An agreement to do an act IMPOSSIBLE in itself is void".
5. On the same analogy it can be stated that "An obligation to do an act IMPOSSIBLE in itself is void ab initio."
6. Accordingly, in today's circumstances the trite legal Doctrine "Ignorance of law IS NO EXCUSE" is against all canons of justice, hence must be held as outdated.
7. In S. Nagaraj vs State of Karnataka {1993 Suppl (4) SCC 595 (Pp. 619-para 19)} hon'ble Supreme Court has stated “Justice is a virtue which transcends all barriers. Neither the rules of procedure nor technicalities of law can stand in its way… Even the law bends before justice….If the Court finds that the order was passed under a mistake and it would not have exercised the jurisdiction but for the erroneous assumption which in fact did not exist and its perpetration shall result in miscarriage of justice then it can not on any principle be precluded from rectifying the error. Mistake is accepted as valid reason to recall an order… But the root from which the power flows is the anxiety to avoid injustice …. If the Court is satisfied of the injustice then it is its constitutional and legal obligation to set it right by recalling its order.” 
8. Therefore, in my view "Ignorance of law MUST BE AN EXCUSE in civil matters", and the modus operandi may be developed as per the circumstances of each case.
9. Further, in my view "Ignorance of law MUST BE made a ground for compounding an offence in deserving financial / criminal offences", however, the modus operandi may be developed as per the circumstances of each case.

Note: the views expressed are my personal and a view point only.

Author:

Narendra Sharma, Consultant (Legal)

E-mail: nkdewas@yahoo.co.in