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Q. Consider the following statements regarding the right to protection in respect of conviction for offences:
  1. This provision prohibits the enactment of ex-post-facto criminal and civil laws.
  2. This provision prohibits the infliction of a penalty, greater than inflicted under the law in force when the crime was committed.
Which of the statements given above is/are correct?

  1. 2 only

  2. 1 only

  3. Both 1 and 2

  4. Neither 1 nor 2


Solution

The correct option is A
2 only
Explanation:

Statement 1 is incorrect:
An ex-post-facto law is one that imposes penalties retrospectively. The enactment of such a law is prohibited under Article 20. However, this limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, civil liability or a tax can be imposed retrospectively.

Statement 2 is correct: It prohibits the infliction of a penalty greater than that which might have been inflicted under the law which was in force when the act was committed.

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