Short note on Retrospective effect of Criminal Law [4 marks - 2017]
Retrospective effect of Criminal Law
Laws must not impose criminal liability for acts that were not criminal offences at the time they were committed. There is an exception which is discussed below in 'Can the prohibition on retrospective laws be limited?'.
Laws must not impose greater punishments than those which would have been available at the time the acts were done.
Article 20 of the Constitution of India prohibits the legislature to make retrospective criminal laws, however, it does not prohibit a civil liability retrospectively i.e. with effect from a past date. Therefore, tax can be levied retrospectively.
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