N.K.Assumi (Advocate) 22 December 2009
If the court assumed illegal jurisdiction and imposed fine and imprisonment to the accused should the court refund the fine and pay compensation to the accused? Or can the court says that it was not aware of the laws and acted innocently as not amounting to malice in law?
sunil pagare (lawyer) 22 December 2009
It is the presumtion that every person know's all acts / laws which are passed by the parliament . No one can take defence that he don't know the law. ordinary man can't take this defence, how can court take this defence ?.So far jurisdiction of criminal court is concerned Cr.P.C sec.190 to 195 are very clear. If the court dont have jurisdiction it shall be transfer to the court which have proper Jurisdiction.you can file the appeal & you will get the justice from appellate court.
N.K.Assumi (Advocate) 22 December 2009
Thank you Sunil for your responds: Lets C what other members says.
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 22 December 2009
ignorance of fact is excusable but not ignorance of law
Parveen Kr. Aggarwal (Advocate) 23 December 2009
Dear Sirs,
What about section 3 of the Judges (Protection) Act, 1985 (Act No. 59 of 1985)
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