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 situation in the third question to this passage, the Parliament passes a legislation for the Probation of Offenders, under which any offender below the age of 21 will not serve the sentence of imprisonment in a prison, instead he will serve the sentence in a probation house. Now, choose the most appropriate option.Correct Answer :
Mr. A will get the benefit of Probation of Offenders Act.
Solution :
Correct Answer: Mr. A will get the benefit of Probation of Offenders Act.
Explanation:
Article 20(1) of the Constitution of India protects individuals against ex post facto criminal laws. Specifically, it prohibits:
1. Convicting a person for an act that was not an offence at the time it was committed.
2. Imposing a penalty greater than what was applicable at the time the offence was committed.
However, the prohibition under Article 20(1) applies only to laws that create offences retrospectively or enhance penalties (i.e., ex post facto laws that operate to the detriment of the accused). It does not apply to ex post facto laws that are beneficial or reduce the severity of punishment for the offender. Beneficial legislation, such as the Probation of Offenders Act, can be applied retrospectively to benefit an accused person (as established in landmark judicial precedents like Rattan Lal v. State of Punjab).
Therefore, since the legislation for the Probation of Offenders reduces the rigors of sentence/imprisonment and is beneficial to an offender below 21 years of age, Mr. A is entitled to get the benefit of this law.
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