Question

Q. Which of the following is/are correct about the principle of Ex Post Facto law enshrined under fundamental rights?

Choose the correct answer using the codes given below:

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

The correct option is C Both 1 and 2

Explanation:

Under the ex-post facto ( Article 20), a person cannot be convicted for an act that was committed at a time when the act had not been declared by law as an offence.

1. This means that criminal legislation cannot be given a retrospective effect. Hence the 1st statement is correct.
2. This immunity cannot be used against the provision of preventive detention, and also does not cover the trial.
3. The law also provides that a person cannot be subject to a punishment greater than what is prescribed by law for the offence committed. Hence the 2nd statement is correct.