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.
Article 20 (1) would not affect which of the following acts of the legislature?
Correct Answer :
Act of the legislature changing the punishment of death to life imprisonment.
Solution :
Correct Answer: Act of the legislature changing the punishment of death to life imprisonment.
Explanation:
Article 20(1) of the Constitution of India provides protection against ex post facto penal laws. Specifically, it prohibits two things:
1. Convicting a person for an act that was not an offence under the law in force at the time of its commission.
2. Subjecting a person to a penalty greater or harsher than that which might have been inflicted under the law in force at the time the offence was committed.
Let us analyze the given options in light of Article 20(1):
- Enhancing the term of imprisonment: Increases the penalty, so Article 20(1) prohibits applying it retrospectively.
- Enhancing the amount of fine: Increases the monetary penalty, so Article 20(1) prohibits applying it retrospectively.
- Changing simple imprisonment to rigorous imprisonment: Increases the severity of the penalty, which violates Article 20(1) if applied retrospectively.
- Changing the punishment of death to life imprisonment: This reduces or mitigates the severity of the penalty (life imprisonment is a lesser sentence than the death penalty). Article 20(1) only prohibits enhancing or increasing penalties retrospectively; it does not prevent beneficial laws that reduce punishment from applying to past acts.
Therefore, Article 20(1) would not affect an act of the legislature that changes the punishment from death to life imprisonment.
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