Scribd
Upload
404 views3 pages

P A E - P F L: Chanakya National Law University

This document discusses ex post facto laws and their protection under the Indian Constitution. It begins with an introduction defining ex post facto laws as laws that retroactively change the legal consequences of actions that were committed before the law was enacted. Article 20(1) of the Indian Constitution protects against ex post facto laws by prohibiting conviction or punishment under a law not in force at the time of the offense. However, unlike in the US, ex post facto laws themselves are not invalid in India - courts can interpret laws to avoid retrospective operation. The document outlines the aims, hypothesis, and methodology of analyzing ex post facto protections in India. It will examine the role of the Supreme Court through chapters on the origin, scope, and conclusions

Uploaded by

Karan Singh Rautela
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
404 views3 pages

P A E - P F L: Chanakya National Law University

This document discusses ex post facto laws and their protection under the Indian Constitution. It begins with an introduction defining ex post facto laws as laws that retroactively change the legal consequences of actions that were committed before the law was enacted. Article 20(1) of the Indian Constitution protects against ex post facto laws by prohibiting conviction or punishment under a law not in force at the time of the offense. However, unlike in the US, ex post facto laws themselves are not invalid in India - courts can interpret laws to avoid retrospective operation. The document outlines the aims, hypothesis, and methodology of analyzing ex post facto protections in India. It will examine the role of the Supreme Court through chapters on the origin, scope, and conclusions

Uploaded by

Karan Singh Rautela
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

PROTECTION AGAINST EX-POST FACTO LAW

PROPOSAL SUBMITTED IN THE PARTIAL FULFILMENT OF THE


COURSE TITLED –B.A. LL.B (Hons.)

CONSTITUTIONAL LAW-I
SUBMITTED TO: - SUBMITTED BY: -
PROF. DR. ANIRUDH PRASAD NAME: KARAN SINGH RAUTELA
FACULTY OF CONSTITUTIONAL LAW SEMESTER: V
ROLL NO.: 1736
COURSE: B.A. LLB (HONS.)
SESSION: (2017-2022)

AUGUST-2019
CHANAKYA NATIONAL LAW UNIVERSITY
NYAYA NAGAR, MITHAPUR, PATNA - 800001
INTRODUCTION

An ex post facto law is a law that retroactively changes the legal consequences (or status) of
actions that were committed, or relationships that existed, before the enactment of the law. In
criminal law, it may criminalize actions that were legal when committed; it may aggravate a
crime by bringing it into a more severe category than it was in when it was committed; it may
change the punishment prescribed for a crime, as by adding new penalties or extending
sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier
than it would have been when the deed was committed.

In India, without using the expression "ex post facto law", the underlying principle has been
adopted in the article 20(1) of the Indian Constitution in the following words:

“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 have been inflicted under the law in force at the time of commission of the offence.”

Further, what article 20(1) prohibits is conviction and sentence under an ex post facto law for
acts done prior thereto, but not the enactment or validity of such a law. There is, thus, a
difference between the Indian and the American positions on this point; whereas in the United
States, an ex post facto law is in itself invalid, it is not so in India. The courts may also interpret
a law in such a manner that any objection against it of retrospective operation may be removed.

AIMS AND OBJECTIVES

 To critically analyse the ex post facto law in India.


 To study how an individual is protected from the ex-post facto laws.

HYPOTHESIS

The researcher has presumed:

 that ex-post facto law plays a vital role in protection against potential maltreatment of
the law.

1
RESEARCH METHODOLOGY
In this project Doctrinal Method will be used. Doctrinal Methods refer to Library research,
research or processes done upon some text’s writings or Documents, legal propositions and
Doctrines, Articles, Books as well as Online Research and Journals relating to the subject.

LIMITATIONS OF THE STUDY:

There are various hindrances which can be faced by the researcher during the formation of this
project such as scarcity of time, expensive legal materials for various research works, research
done by an individual.

TENTATIVE CHAPTERIZATION
1. Introduction.
2. Origin of Ex-post facto law.
3. Scope of Ex-post facto law.
4. Role of Supreme Court.
5. Conclusion and Suggestion.

BIBLIOGRAPHY

You might also like