...percentage of mineral oil found in the sample. He placed reliance on several decisions to support his submission that any law modifying the rigour of criminal law must be held to be retrospective in the sense...mollifies the rigour of a criminal law does not fall within the said prohibition.If a particular law makes a provision to that effect, though retrospective in...decision approves of the principle that ex post facto law which only mollifies the rigour of the criminal law, though retrospective in operation, will be valid. After enunciating this principle the...

...Chatterjee complains that there is no indication in the Amending Act that the new procedure would be retrospective and he further says that this affects his right of appeal under the Criminal Procedure...Code. But if this is a matter of procedure, then it is not necessary that there should be a special provision to indicate that the new procedural law is retrospective. No right of appeal under the...relative provision of Section 23-D must also be condemned. Regarding the second point, namely, whether Section 23(1)(a), having been substituted by the Amending Act 39 of 1957, would have retrospective...

...retrospective), whereas every Judgment of a court of law operates retrospectively (unless expressly made prospective). The only material against the petitioner was the criminal case in which he was...the criminal case, it has to be deemed in law that in fact he was never involved in any criminal case. It is settled law that every statute ordinarily operates prospectively (unless expressly made...the post of Mazdoor by letter dated 7.1.1989 Annexure-2 to the petition. However. in the relevant form the petitioner did not mention that he was facing a criminal...

...and future cases would automatically and inescapably be governed by the law declared in the overruling decision. viii. In the realm of criminal law, the question of prospective or...bench, the consequence of the overruling is starkly different and by default, retrospective. This is because it is settled law that the law declared by this Court is retrospective and is normally assumed...to be the law from the inception. 101 Criminal Appeal No. 1319 of 2013 Page 101 of 189...

...two limitations upon the law-making power of every legislative authority in India as regards retrospective criminal legislation. It prohibits (i) the making of ex post facto criminal law, i.e making an...law is made making such act an offence. The proceedings contemplated under Article 20(1) are in the nature of criminal proceedings before a court of law or a judicial tribunal When a later statute...which was innocent when done criminal, and punishes that action, (b) every law that aggravates a crime or makes it greater than it was, when committed, (e) every law that changes the punishment and...

...plain reading of the above constitutional provision indicates that it contains a prohibition only against retrospective criminal law since the word "offence" used therein is significant. The word...Clause (1) of Article 20 is against making ex post facto criminal law, i.e., making an act a crime for the first time and then making that law retrospective and the infliction of penalty...(S.C.) The nature of penalty which is in reality only the requirement to pay additional tax under a fiscal law, as indicated by the Supreme Court itself, shows that the retrospective operation...

...the law making power of legislative authorities in India as regards retrospective legislation. It prohibits the making of ex post facto criminal law i.e making an act a crime for the first time and then making that...subjected to cruelty as defined in explanation to S. 498-A, I.P.C between 3-2-1982 and April/May 1983 and not thereafter. S. 498-A has been inserted by Criminal Law (Second Amendment) Act...Indian Penal Code by means of Criminal Law (Second Amendment) Act, 1983. In these circumstances, the conviction of the accused-applicants under S. 498-A will clearly violate...

...strictly construed and cannot be given a retrospective effect unless legislative intent and expression is clear beyond ambiguity. The amendments to criminal law would not intend that there should be....”18. No law can be interpreted so as to frustrate the very basic rule of law. It is a settled principle of interpretation of criminal jurisprudence that the provisions have to be...undue delay in disposal of criminal trials or there should be retrial just because the law has changed. Such an approach would be contrary to the doctrine of finality as well as avoidance of delay in...

...mollifies the rigour of a criminal law does not fall within the said prohibition. If a particular law makes a provision to that effect, though retrospective in operation, it will be valid. The question...of the Apex Court approved the view taken in the case of Rattan Lal (supra) that ex-post facto law which only mollify the rigour of a criminal law can be given retrospective operation. It held that a...principle that ex post facto law which only mollifies the rigour of the criminal law, though retrospective in operation, will be valid. After enunciating this principle the Court interpreted...

...force at the time of the commission of the offence. By using the expression “law in force” in both the parts of Article 20(1), the Constitution has clearly indicated that even if a criminal law was enacted by any legislatur...-existing law and so, it must be held to be invalid and ineffective. In our opinion, this argument is not well founded. If the Act is retrospective in operation and Section 24 has been enacted for the...Constitution desired to prevent the retrospective operation of any law, it has adopted suitable phraseology to carry out that object. Article 20(1) provides that no person shall be convicted of any offence...

...modifies rigour of the criminal law could have any retrospective effect on the teeth of the constitutional inhibition that “no State shall pass any ex-post-facto law” was considered and it was held that...legislature to make a law giving it retrospective effect if the law is intended to mollify the rigour of criminal law and they must not be read as authority for a proposition that such a law must ...consistently be given retrospective effect. A construction giving retrospective effect may be favoured where the statute mollifies the rigour of the existing criminal law. This is what Crowford...

...make laws whose operation is dependent upon facts or events anterior to the making of the law. However, criminal law is excepted from such general Rule, under another equally well settled principle of constitutional ...decision at Paragraph No.27, the Supreme Court has held as follow: It is a well settled principle of constitutional law that sovereign legislative bodies can make laws with retrospective operation; and can...8 years as the incident was of 26.06.2010 i.e., prior to the date of amendment in Section 376 of the RPC and the said amendment does not have any retrospective effect. In support...

...of offence. As the amendment is dated 1.12.2015, the application is prior to that date, hence, amendment cannot be made applicable to the petitioner. It is well settled that in Criminal Law, generally, there is no .... Being aggrieved thereby, the petitioner preferred Criminal Writ Petition No. 1799 of 2014. The said writ petition was allowed and Rule was made absolute by this Court by order dated 10.3.2016...) came into effect from 1.12.2015. This Court in the decision dated 5.5.2015 in the case of Santosh Namdeo Bhukan v. The State of Maharashtra in Criminal Writ Petition No. 3325 of...

..., bringing such act within the ambit of an offence cannot make the applicant liable of committing such offence because of prohibition against retrospective criminal law imposed by...Akshay H.Mehta:- (1) This application has been filed by one of the original accused of criminal case no. 613 of 2000 pending on the file of learned chief judicial magistrater...gujarat preferred a revision application through the concerned food inspector and the said criminal revision application was numbered as 51 of 2001. The learned sessions judge allowed the criminal...

...every criminal law has to fulfil all the qualifications as it is a vital protection of the subject. This maxim, as said by G.W Pataon in his book on Jurisprudence, 3rd Edition, at page 346, involves four different notions. One of th...retrospective criminal legislation. It prohibits……(i) the making of ex post facto criminal law, i.e making an act a crime for the first time and then making that law retrospective, (ii) infliction...crime is a breach of public law and tort a breach of private law. That is one test. Another test is that criminal law requires mens rea, whereas in tort there may be absolute liability. A wrong which...

...make laws whose operation is dependent upon facts or events anterior to the making of the law. However, criminal law is excepted from such general rule, under another equally well-settled principle of constitutional ...the offence.It is a well-settled principle of constitutional law that sovereign legislative bodies can make laws with retrospective operation; and can...1945, all called Criminal Law (Amendment) Ordinances, which continued to be in force in this country by virtue of operation of Article 372 and some anterior laws—the details of which may not be...

Can't display summary as content is Scanned, Please open the judgment to see full content.

Can't display summary as content is Scanned, Please open the judgment to see full content.