Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : According to Article 20 (1) of the Constitution, no person shall be convicted of any offence except for violation of the 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.
FACTUAL SITUATION : ‘P’ was charged with an offence punishable with imprisonment for a term of one year. The Magistrate convicted him and awarded him a punishment of one year imprisonment. While ‘P’ was undergoing the sentence, the law under which ‘P’ was convicted came to be amended and the punishment for the offence of which ‘P’ was convicted was reduced to six months. The defense filed an application to the Magistrate for review of sentence and to commute it to six months. Can the application be allowed ?
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : According to Article 20 (1) of the Constitution, no person shall be convicted of any offence except for violation of the 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.
FACTUAL SITUATION : ‘P’ was charged with an offence punishable with imprisonment for a term of one year. The Magistrate convicted him and awarded him a punishment of one year imprisonment. While ‘P’ was undergoing the sentence, the law under which ‘P’ was convicted came to be amended and the punishment for the offence of which ‘P’ was convicted was reduced to six months. The defense filed an application to the Magistrate for review of sentence and to commute it to six months. Can the application be allowed ?
DECISION :
LEGAL PRINCIPLE : According to Article 20 (1) of the Constitution, no person shall be convicted of any offence except for violation of the 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.
FACTUAL SITUATION : ‘P’ was charged with an offence punishable with imprisonment for a term of one year. The Magistrate convicted him and awarded him a punishment of one year imprisonment. While ‘P’ was undergoing the sentence, the law under which ‘P’ was convicted came to be amended and the punishment for the offence of which ‘P’ was convicted was reduced to six months. The defense filed an application to the Magistrate for review of sentence and to commute it to six months. Can the application be allowed ?
DECISION :
Updated On: Aug 5, 2024
- No, because penal laws only have prospective application
- No, because a penal statute cannot be given retrospective effect.
- No, since at the time of coming into force of the amended law, ‘P’ was already suffering the sentence and had not completed the full term. Hence, his case should not be dealt under the new law.
- Yes, because retrospective application of criminal law if it is beneficial to the accused is not against Article 20 (1) of the Constitution.
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The Correct Option is D
Solution and Explanation
The correct option is (D): Yes, because retrospective application of criminal law if it is beneficial to the accused is not against Article 20 (1) of the Constitution.
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