Passage (Q.101-Q.105): 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.
The Parliament of India legislated the Sexual Harassment at Workplace Act, in the year 2013 and simultaneously some new offences were also added to the Indian Penal Code, 1860. Mr. A is an employee of an institution, against whom departmental enquiry has been initiated for committing sexual harassment of a female colleague in the year 2012. Now, choose the correct option.
Correct Answer :
Only inquiry may be conducted but no penal action can be taken against him after such inquiry.
Solution :
Correct Answer: Only inquiry may be conducted but no penal action can be taken against him after such inquiry.
Step-by-Step Explanation:
Step 1: Understand Article 20(1) and Ex Post Facto Laws
As stated in the passage, Article 20(1) of the Indian Constitution grants protection against ex post facto laws. Specifically, it provides that no person shall be convicted of any offence except for the violation of a law in force at the time of the commission of the act, nor be subjected to a penalty greater than what was prescribed at the time the act was committed.
Step 2: Analyze the Factual Timeline
- Date of Alleged Act: Mr. A committed the alleged act of sexual harassment in the year 2012.
- Enactment of New Legislation: The Sexual Harassment at Workplace Act and new offences under the Indian Penal Code were legislated in 2013.
Step 3: Distinguish Inquiry from Retrospective Penal Action
Under Article 20(1), new criminal offences or enhanced penalties created in 2013 cannot be applied retrospectively to punish an act completed in 2012. Therefore, while a departmental or administrative inquiry may proceed to look into the matter, no criminal penal action created under the new 2013 provisions can be imposed against Mr. A.
Conclusion:
Thus, the correct conclusion is that only an inquiry may be conducted, but no penal action can be taken against him after such inquiry.
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