– Out of the aftermath, or after the fact.
Meaning and Explanation
Ex post facto refers to a law or action that applies retroactively, i.e., it is made effective for events that occurred before the law was enacted.
In simple terms, it means “what happens after the fact”. You cannot punish someone today for an act that was not illegal at the time it was committed.
This principle protects individuals from retrospective criminal laws, ensuring fairness in the application of justice.
Types of Ex Post Facto Laws
Criminalization after the act: Making an action a crime after it has been committed.
Example: If theft was legal in 2020 but made illegal in 2023, punishing someone for stealing in 2020 would violate this principle.
Increase in punishment: Increasing the penalty after the crime has been committed.
Change in rules of evidence: Applying stricter rules of proof retroactively to the past.
Legal Principle
Fundamental Rule: No person can be punished under a law that did not exist at the time of the act.
This principle is enshrined in Article 20(1) of the Indian Constitution:
“No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act.”
Key Case Laws
Kedar Nath Singh v. State of Bihar (1962)
Issue: The appellant argued that certain sections of the law were retroactive.
Observation: The Court held that criminal liability must be based on laws in force at the time of the act. Retroactive penal laws are not allowed unless explicitly stated.
R. v. Dixon (1814, UK)
Issue: Whether a person could be punished under a law enacted after the act.
Observation: Courts held that retroactive criminal laws are invalid; a person cannot be punished for an act which was legal at the time.
Importance
Protects individual liberty.
Ensures fairness and justice in criminal law.
Prevents the state from arbitrary legislation targeting past actions.
✅ Summary:
Ex post facto means acting “after the fact.” It ensures that no one can be punished for an act that was not an offense when committed, and it forbids retroactive application of criminal law. Indian law protects this principle through Article 20(1), and courts consistently uphold it, as seen in Kedar Nath Singh v. State of Bihar.
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