( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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PROTECTION AGAINST EX POST FACTO LAWS AND INDIAN LEGAL SCENARIO: AN ANALYSIS

    1 Author(s):  MANOJ KUMAR SADUAL

Vol -  5, Issue- 12 ,         Page(s) : 302 - 309  (2014 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Abstract A principle is well settled that for every action one is going to get the reaction but nowhere in any document or any scriptures is the action defined. Certain actions of man in one period are considered good and in another bad. Certain actions are considered to be legal at one time of time and illegal at another. It is this inconsistency in man to decide what is good and bad that has become the reason to have immunity from ex post facto laws. An act that was thought innocent at the time of its commission is no longer innocent today but is illegal. These changing circumstances may lead to wrongful punishment of many innocent individuals. In this context the questions arise: For what reason the ex post facto laws are justified and if not then what is the remedy available for protection against such ex post facto laws? How the Apex Court of the country the highest judicial forum and final court of appeal under the Constitution of India has played its role in providing the protection against ex post facto laws? This paper attempts to find out the answers to all these questions. This paper also investigates the theory and scope of the constitutional principle against retrospective imposition of detriment expressed in the maxim nullum crimen, nulla poena sine lege. It makes an examination of key issues involved in the implementation of the principle.

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