Rao shows that the framers of our constitution while drafting Article 20, had the provisions of the U.S. Ambedkar and the constitutional advisor Sri B.N. The draft constitution of India proposed by Dr. The Nehru committee appointed by the All Party Conference in its report (1928) incorporated a provision for the enumeration of such rights recommending their adoption as part of the future constitution of India and one of the rights recommended by it was protection in respect of punishment under ex post facto laws. This article states especially about the Indian scenario in providing protection against ex post facto laws by providing a set of provisions, statutes and judicial pronouncements prevailing over the matter of Ex post facto laws.Įx post facto law is derived from the Latin word “ex post facto” which means ‘out of the aftermath’, it is a law that has a retrospective consequence on any act committed, which is not prohibited by law, before the enactment of a preceding law. Such laws are often considered as inequitable and abhorrent to the notions of justice and therefore, there are safeguards against such laws. Thus these retrospective consequences do not infringe governmental authority and are constitutional. ![]() Laws that involve fee payments or taxes payments are civil in nature rather than criminal. Protection against an ex post facto law applies only to criminal laws. In order to prevent such a situation, the Indian Courts have safeguarded the interests of the general public. Also, this article aims to shed light on the principle of ex post facto laws so that there is no grave injustice, by way of violation of fundamental rights, is done. The gravity of this concept can directly affect the society at large and hence this article discusses the origin and the multidimensional aspects of the Ex Post Facto laws and the role it has played in our legal system, as it has in the isolated systems all around the globe. The objection does not apply to a change of procedure or of court. The prohibitions under Article 20(1) is only for a conviction or sentence, but not trial procedure. It is important to protect the citizens of India from being punished for an act done, which was legal when it was done but was criminalized or the punishment for that act has been enhanced by any act that was formulated later on. Ex post facto laws can either label an act as an offense with retrospective effect or increase the punishment that is prescribed for an act committed in the past. These laws which criminalize any act or increase the punishment of any offense are called ex post facto laws and it has been mentioned in Article 20(1) of the Indian Constitution (1). These changing circumstances have led to wrongful punishment of many individuals who did not actually commit any offense that was punishable by law and according to their knowledge, that act was actually legal. ![]() Just like the currency notes, an act that was legal at one time is suddenly no longer legal and instead is illegal and prohibited by law. This author in this article mainly discusses “The Ex Post Facto laws in India under article 20(1) of the Indian Constitution”.ĭemonetization was a big shock for the whole nation in 2016 as Rs.5 currency notes ceased to be a legal tender as a prevailing currency in India. This article on ‘Ex Post Facto Laws in India’ has been written by Nishant Vimal, a 3rd-year student of Symbiosis Law School, Hyderabad.
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