Question

Principle:
Article 20 (1) of the Indian Constitution protects against ex-post facto laws and retrospective application.
Fact:
Mahesh is convicted of homosexuality in 2016 and sentenced to the mandatory 3 years in prison. On June 5th, 2017, the government decriminalizes homosexuality. Can Mahesh claim the benefit of the new law?

a. Yes, because the Constitution protects the interests of the citizens, and ex-post facto laws do not extend to the laws that work to the benefit of convicts
b. No, because retrospective application is banned by Article 20 (1).
c. Mahesh’s sentence should be halved
d. There should be no change to his sentence because the matter has already been decided by a competent court and to change it now would undermine the decision of the Court.

Answer 1

Answer:

hlw mate

it must be.(d).

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