Ponsiano recently fell in love with Aggy. Aggy is a married woman, but she claims she is also in love with Ponsiano. One day the two decided to run away together and start a new life. Aggy’s husband Benard ran to report the matter to the nearest police station. Commander Jesse, the officer in charge of the station tracked down Ponsiano and brought him to the cells. The police told him they are charging him with the crime of elopement according to Section 127 of the Penal Code. He has said he did not know that what he did was a crime so he should not be punished for it.
WHAT DOES THE LAW SAY?
By law, your ignorance about the law is not an excuse against being punished if you commit a crime. This is because most offences are made up of actions or failure to act in a certain way that the law does not allow. This is known as actus reus (the actions that make a crime). For example, if you are stopped for over speeding on the road, you cannot claim that you did not know that over speeding was wrong). This is because every one of us should read the laws and know what is right and wrong.
However, in certain cases, to commit a crime, when you do something that is wrong you must also know that what you are doing is a crime. What this means is if a crime requires that a person know that they are in violation of the law at the time of the offense and if the person did not know that their conduct was unlawful, the necessary mental state does not exist. For example, if you were supposed to have seen the law for it to apply to you, but it was not available or made public, then you can use the excuse that you were ignorant about the law.
Source: BarefootLawyers.
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