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Question

Which of the following statements about Article 20(1) of the Constitution of India is/are correct?

1. It contains a provision against ex post facto legislation.

2. A legislation shall not be competent to make a criminal law retrospective.

Select the answer using the code given below.

This question was previously asked in
UPSC CAPF 2026 General Ability and Intelligence Question Paper (19-Jul-2026)
The correct answer is

Both 1 and 2

Article 20(1) of the Constitution provides that no person shall be convicted of an offence except for violating a law in force at the time the act was committed, nor be subjected to a penalty greater than what was prescribed by the law then in force — this is the constitutional bar on ex post facto (retrospective) criminal legislation. Statement 1 is correct.

As a direct consequence of this bar, a legislature is not competent to make a criminal law retrospective in its penal effect, i.e., it cannot criminalise an act that was lawful when done, or enhance the punishment for a past act. Statement 2 is correct.

Hence, both statements 1 and 2 are correct.

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