A Comparative Study of Ex post Facto Laws in India with special reference to UK and USA

  • Karuna Dalal and Kartikey Rawat
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  • Karuna Dalal

    Research scholar at School of Law, MVN University, Palwal, Haryana, India

  • Kartikey Rawat

    Advocate at Delhi High Court, New Delhi, India

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Abstract

Article 20 provides protection against ex-post facto laws, double jeopardy and self-. incrimination, which are all safeguards intended for persons accused of committing an offence. These are well recognized protections and have been considered to be basic defences in the law relating to crimes in all common law jurisdictions. The Constitutional Advisor had pointed out that these protections had been afforded in many of the other progressive constitutions of the world and that the protection against ex-post facto laws had found a place in the Irish, U.S., and the Weimar Constitutions. This paper seeks to understand the basic concept of Fundamental Rights of the Accused with special reference to Ex post facto laws and also compares with the constitutions of the UK and USA.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 451 - 463

DOI: https://doij.org/10.10000/IJLMH.114370

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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