convictions and sentences under Expost-facto laws, whether the same was a post Constitution law or a pre-Constitution law. It was also held that ... Expost-facto.
28. In the light of the aforesaid observations in cases having bearing on the subject pertaining to Expost-facto law, we have
particular type or otfence no person can be convicted by such expost facto law nor can the enhanced punishment prescribed by the amendment be applicable ... such reduced punishment. The rule of beneficial construction requires that even expost facto law of such a type should be applied to mitigate the rigour
into force
155
1198
are in respect of an ex post facto law creating offences
after the commission of the acts charged as such offences ... broad import has been enacted to
prohibit convictions and sentences under expost facto laws.
The principle underlying such prohibition has been very
elaborately discussed
general body
of
of law to the circumambient air. Clumsy
though these images are, they show the
inappropriateness of retrospective laws.
If we do something ... law in
rt force today, not tomorrow's backward
adjustment of it. Such, we believe, is the
nature of law. Dislike of expost facto
Constitution deals with ex-
post-facto laws though that expression has not been used in
the Article. Usually, a law prescribes a rule of conduct ... person or his being subjected
to a penalty under expost facto laws. [824 B-D].
In the instant case, the appellant cannot object
Apex Court confirmed said
conclusion.
9. Having regard to the above, the law is crystal clear that in case
of any repugnancy with express ... Conviction and
sentence of accused in a criminal proceedings under the expost facto
law is prohibited as the sentence that to be imposable
also argued that P.M.L.A., is not an expost facto law. An expost facto or retroactive law is a law that retroactively changes
Shri Katta Subramananiam Naidu vs Deputy Director on 14 December, 2020
Equivalent citations: AIRONLINE 2020
retrospective laws are those in which the date of commencement is mentioned as earlier than such enactment or which validate some invalid law. Otherwise, every ... increases a penalty, legislature is not prevented from enacting an expost facto law. However if such law takes away or impairs any vested right acquired
sought to be attached or confiscated on the basis
of the amended law, which came into effect from 01-06-
2009. Answering this question ... sections 5 and 8 of the PML
Act are based on expost facto law and hit by
the prohibition contained under Article
