Article 20(1) of the Indian Constitution prohibits Ex Post Facto laws. The expression Ex Post Facto Law means a law, which imposes penalties or convictions on the acts already done and increases the penalty for such acts. In other words, Ex Post Facto Law, imposes penalties retrospectively. For example, The Dowry Prohibition Act, 1961 came into force from 20.5.1961. A person guilty of accepting dowry is punishable under the Act after 20.5.1961 and not before 20.5.1961.
Ex post facto laws are of three kinds as follows:(a) A law which declared some act or omission as an offence for the first time after the completion of that act or omission. (b) A law which enhances the punishment or penalty for an offence subsequent to the commission of that offence. (c) A law which prescribes a new and different procedure for the prosecution of an offence subsequent to the commission of that offence.
Clause (1) of Art. 20 provides protection only in respect of the above first two categories of expost facto laws i.e. laws which declare acts as offences subsequent to the commission to those acts and laws which enhance the penalty subsequently.
Article 20(1) provides: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. The first part of clause (1) provides that no person shall be convicted of any offence except for violation of law in force at the time of the commission of the act charged as an offence. The second part of clause (1) protects a person form a penalty greater than that which he might have been subjected to at the time of the commission of the offence.
Considering the fact situations given in the above question, the Parliament passes a legislation in September 2020, whereby an amendment is made to the Juvenile Act and now a person below the age of 20 would be a Juvenile and special procedure would be followed for his trial. Choose the most appropriate option amongst the followingCorrect Answer :
Mr. A would be considered a Juvenile and tried under the new procedure.
Solution :
The correct option is Mr. A would be considered a Juvenile and tried under the new procedure.
Step-by-step Explanation:
1. Understanding Article 20(1) Protection:
Article 20(1) of the Indian Constitution grants protection against ex post facto penal laws. Specifically, it covers two categories:
- A law that retrospectively creates a new offence or penalizes an act that was lawful when committed.
- A law that retrospectively enhances the punishment or penalty for an offence.
2. Application to Procedural Laws:
As stated in the provided passage, category (c)—a law that prescribes a new and different procedure for the prosecution of an offence—is not prohibited by Article 20(1). Clause (1) of Article 20 protects only against retrospective conviction/offence creation and enhancement of penalties, not against procedural changes.
3. Analyzing the Fact Situation:
The legislation passed in September 2020 amends the Juvenile Act to alter the age threshold for juveniles and mandates a special procedure for their trial. Since introducing a new procedure or changing procedural rights/benefits (such as being tried as a juvenile under special procedure) does not impose a new criminal conviction or enhance penalty, Article 20(1) does not prohibit its application.
4. Conclusion:
Therefore, the new procedure and juvenile status can apply, meaning Mr. A would be considered a Juvenile and tried under the new procedure.
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