Monday 21 December 2015

Nirbhaya case

I did not want to comment earlier on the Nirbhaya matter, but the Supreme Court has rightly rejected the appeal of DCW, saying that the law has to be followed.

 Even amendment of the law by Parliament cannot affect the present case, as under our Constitution a criminal law cannot be amended retrospectively vide Article 20(1) which says :

"  No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence "

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