Retrospective and prospective application of laws, A detailed understanding.

RETROSPECTIVE AND PROSPECTIVE APPLICATION OF LAWS

With the emerging changes in law, it has been a matter of great significance about their application also. Mere changing the clauses, sections or articles is not enough but there should be a defined and proper execution of that. The law can be effective only when its application will be accurate and reasonable. Talking about the application of laws, there are two terms which talk about how and in which direction the law will be applied or executed; the retrospective applicability and the prospective applicability of laws. Execution of law is not a one way process and there are various aspects on which the law makers are supposed to think, like how a law should be installed in a particular framework and how it would benefit those for whom it has been enacted. Because if the law is not performing the function of social welfare rather it is creating chaos and unrest in people, it will be of no worth.

Provision in the Indian Constitution, 1950-

Every law that is being passed by the Indian Parliament is mostly in fact all of them are prospective in nature. The legislature has power to make prospective laws under article 20(1) of the Indian Constitution but article 20 provides certain safeguards to those who are charged for some offense and that’s why it imposes a restriction on the law making power of the legislature. It forbids the legislature to make a retrospective law. Contrary to that, there is no restriction in case of civil liability, meaning thereby, it can pass a civil law which has retrospective application.

The Indian Constitution, in article 20(1), states that no person can be made liable of any offence unless they violated a law that was regulating when that act was committed. It provides the same provision for the punishment also. It says that no one can be punished with more punishment than they could have been under the statute that was regulating at the time of the commission of the offence.

Related Legal Maxim-

There is a legal maxim which connotes the retrospective application of laws. This maxim has two parts:

• Nullum crimen sine lege-

It means “No Crime without law”. It can be put more simply in the following words that unless an act is specifically designated as a crime by a law that was regulating before the commission of the act, it can’t be termed as an unlawful act.

• Nullum poena sine lege-

It means “No punishment without law”. More precisely, it refers that unless there was a law in effect at the time of the act that specifies penalty for that particular action, a person cannot be penalized for an act.

Retrospective Application of Laws-

Meaning of Retrospective laws

Retrospective laws are that kind of laws that apply on those events which have already been occurred. It refers to a kind of law which makes rules and regulations for those acts which have been committed before the passing of a particular act. For ex: if a law has enacted on 7 July 2025 and it seeks to apply on those acts which have been committed in 2024, then this kind of law will be termed as Retrospective law. Retrospective laws tend to change the legal consequences of any act committed before the law was passed. It can:

Make an act an “offense” which was not an offense before the law was passed.

• Change the duration of punishment

-Can increase the punishment, or

-Decrease the punishment

• Change the procedure of trial of any offense

• It can also consider a crime as a legal act.

One of the most striking example of making an unlawful act as a legal act because of the retrospective applicability of law is the abrogation of section 377 of the Indian Penal Code, 1860. This repeal made homosexuality legal which was earlier an offence.

It’s hardly possible that any retrospective law is passed which makes an unlawful act a legal act after the passing of that law. There will be discontentment among the public otherwise. Because illegality of an act is judged on the basis of harms that it causes and if something is causing harm to people, it can’t be legal, neither today nor tomorrow.

Application of Retrospective laws-

A law that has a retrospective application either enhances or reduces the penalty for an offence. It can also put an unlawful act into the category of legal act and can also change the procedure of trial of any offence. The Indian Constitution expressly provides in article 20(1) that no law can be applied retrospectively until and unless the legislation itself states that. If an act is enacted and have a retrospective applicability but it does not state that expressly, it will be declared as void and unconstitutional.

The Indian Constitution strictly prohibits the introduction of ex post facto law under fundamental rights in article 20(1). The protection afforded by clause (1) is available only against conviction or sentence for a criminal offence under ex post facto law and not against trial.

In Shiv Bahadur Singh v State of Vindhya Pradesh, the court clearly held that a trial conducted by a special court established after the offence was committed or under a different procedure than that in place at the time of the offence cannot be declared unconstitutional.

The main reason why this prohibition is included under fundamental rights is to prevent illegal detention of any person. If a person had done any act which was not unlawful at that point when he actually committed that act but after the introduction of any retrospective law, that act became an unlawful act then in this case it would be unfair to arrest that person and it will violate the fundamental right of the person.

RELEVANT CASES-

In Pareed Lubha v. Nilambaram, it was decided that a defaulter could not be made liable for not paying the tax under an old statute, even if it covered earlier dues, since failing to pay the Panchayat Tax was not a crime on the day it was due.

Exception in case of Preventive detention: The provision enshrined in article 20(1) can’t be applied in case of preventive detention. Preventive Detention is a kind of detention in which a person is arrested, not because he has committed any act but as a safe side that he might commit an act in future.

The second part of article 20 clause (1) states that no one can be punished with more punishment than that he might have subjected to when the act was committed.

In Kedar Nath v. State of West Bengal, the accused committed an offence in 1947 that, according to the Act in effect at the time, carried a penalty of either a fine or imprisonment. In 1949, the legislation was modified to include as additional fine for the same offence. The

increased fine imposed by the amended act was set aside by the Supreme Court, which ruled that the enhanced punishment could not be applied to the accused.

Beneficial Construction- A Plus Point for accused

Beneficial construction is the other facet of the application of laws. The retrospective application of laws is somewhat violating to the rights of an accused person. But the rule of beneficial construction provides the safer side to go. According to this rule, if the retrospective application of law is reducing the punishment for any offence then in that case, the accused can take the benefit of it. This rule is formulated on good reasons and for general well being.

In T. Baral v. Henry An Hoe, under the Prevention of Food Adulteration Act, 1973, the ddefendant was charged. The penalty was life imprisonment at the time of the legislation, which was in 1975. However, in 1976, the act was changed, and the penalty was reduced to three years imprisonment. The reduced penalty can be used by the accused, the court held.

In Ratanlal v. State of Punjab, the 16 year old boy who was the accused was charge with both, house trespassing and misbehaving with a 7 year old girl. When the judge imposed a six month rigorous imprisonment and a fine on him, the Probation of Offenders Act of 1958 took effect. This law stipulated that no one under the age of 21 years may get a prison sentence. The Supreme Court ruled that it was applicable to reduce the penalty.

Prospective Application of Laws-

To better understand the concept of prospective application of laws, it is first necessary to understand that what does ‘prospective’ mean in legal parlance. The word ‘prospective’ means something which has been done while keeping in mind the effects and consequences that may arise in future. Similarly, prospective application of law refers to the implementation of laws on those events that will occur in future. For example: With effect from January 1, 2026, a government raises the income tax rate. The previous tax rate applies to any income received prior to this date. The increased tax rate only applies to income received after January 1, 2026.

This type of application of laws is beneficial in nature. It prevents the necessity of reopening the cases which has already been decided. And it also ensures that new cases are dealt with great care and critical thinking.

The judgements that have been delivered acquire the validity because prospective laws never make changes in the old legislation rather it deals with the new problem.

With the passage of time, new problems arise in the society which definitely asks for new laws and regulations. Hence, the prospective application can be the most effective method in solving the issues and complexities of society that may arise in future.

Idea of Prospective Application

The idea of applying the law with a prospective motive was first originated in the American Judicial system. It stipulated that a decision rendered in a specific instance will only operate in the future and will not have any bearing on earlier rulings.

The Supreme Court in Somaiya Organics (India) Ltd. & Anr. v. State of UP & Anr. held that judges should exercise caution and critical thinking to ensure that the changes are implemented successfully. In this matter, those who depended on the outdated legislation before the new judgement will not be unjustly impacted.

Conclusion

In conclusion, a legal system’s ability to ensure justice, legal certainty, and fairness depends heavily on how the law is applied both retroactively and prospectively. Retrospective laws are often avoided because they may contradict the rule of law and fairness principles, particularly in criminal circumstances. These laws apply to activities that were taken prior to their implementation. On the other hand, prospective laws support the fundamental legal precept that people ought to be aware of the law before being held responsible. Overall, preserving confidence in legal institutions and defending the rights and expectations of persons subject to the law need a careful approach to the temporal application of the law.

References:-

1. Prospective v Retrospective, available at;- Click Here (last visited on 5 July 2025)

2. The Constitution of India, art.20

3. Retrospective operation of statutes, available at;- click Here (last visited on 5 July 2025)

4. AIR 1963 SC 394

5. AIR 1967 Ker. 155

6. The Constitution of India, art. 20

7. AIR 1953 SC 404

8. (1983) 1 SCC 177

9. AIR 1965 SC 444

10. Prospective and Retrospective operation of statutes, available at;- Click Here (last visited on 6 July 2025)

11. (2001) 5 SCC 519