Question

The Parliament of India legislated the Sexual Harassment at Workplace Act, in the year 2013 and simultaneously some new offences were also added to the Indian Penal Code, 1860. Mr. A is an employee of an institution, against whom departmental enquiry has been initiated for committing sexual harassment of a female colleague in the year 2012. Now, choose the correct option. (Answer the question after reading the following paragraph.)

Article 20(1) of the Indian Constitution prohibits Ex Post Facto laws. The expression Ex Post Facto Law means a law, which imposes penalties or convictions on the acts already done and increases the penalty for such acts. In other words, Ex Post Facto Law, imposes penalties retrospectively. For example, The Dowry Prohibition Act, 1961 came into force from 20.5.1961. A person guilty of accepting dowry is punishable under the Act after 20.5.1961 and not before 20.5.1961.

Ex post facto laws are of three kinds as follows:(a) A law which declared some act or omission as an offence for the first time after the completion of that act or omission. (b) A law which enhances the punishment or penalty for an offence subsequent to the commission of that offence. (c) A law which prescribes a new and different procedure for the prosecution of an offence subsequent to the commission of that offence.

Clause (1) of Art. 20 provides protection only in respect of the above first two categories of expost facto laws i.e. laws which declare acts as offences subsequent to the commission to those acts and laws which enhance the penalty subsequently.

Article 20(1) provides: 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 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. The first part of clause (1) provides that no person shall be convicted of any offence except for violation of law in force at the time of the commission of the act charged as an offence. The second part of clause (1) protects a person form a penalty greater than that which he might have been subjected to at the time of the commission of the offence.

Option A: Such inquiry is valid as per Article 20 (1) of the Constitution as the complaint was made after the act came into force.

Option B: Article 20 (1) will not be applicable as the matter does not relate to an offence.

Option C: As the Act was passed in the year 2013, any inquiry under such Act is invalid.

Option D: Only inquiry may be conducted but no penal action can be taken against him after such inquiry.

Correct Answer

Option: d

Explanation

Chapter III, Article 20(1) describes 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 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.

Sample Mock Tests for Practice

MADHYA PARDESH LOWER JUDICIAL SERVICES 2001

CLAT 2012

THE COMPANIES ACT, 1956 (PAPER 01 Q. NO. 1 TO 19)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 05 Q.NO. 161 TO 200)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 01 Q. NO. 1 TO 40)

The Hindu Marriage Act, 1955 (Paper 02: Q. 26 TO 50)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 04 Q. NO. 121 TO 160)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2009

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

THE LIMITATION ACT, 1963 (PAPER 01 Q. NO. 1 TO 40)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE LIMITATION ACT, 1963 (PAPER 07 Q. NO. 241 TO 269)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 18 Q. NO. 681 TO 720)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 12 Q. NO. 386 TO 420)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 07 Q. NO. 241 TO 280)

THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

THE INDIAN FORESTS ACT, 1927 (PAPER 01 Q. NO. 1 TO 43)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 07 Q. NO. 241 TO 280)

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-1

ODISHA LOWER JUDICIAL SERVICES 2011

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 30)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 13 Q. NO. 481 TO 520)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE MAHARASHTRA RENT CONTROL ACT, 1999 (PAPER 01 Q. NO. 1 TO 15)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

CLAT 2022