SUPREME COURT: ARTICLE 20 DOES NOT PROHIBIT COURT FROM IMPOSING LESSER PUNISHMENT AS PER NEW LAW

The Supreme Court in the case M/S A.K. Sarkar & C.O. & Anr. Versus The State Of West Bengal And Ors. observed that Article 20(1) of the Constitution of India does not restrain the Courts from imposing a lesser punishment on the basis of a new law which came into force after the date of commission of the offence.

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The court stated that Article 20(1) of the Constitution, which incorporates the principle that criminal laws cannot be given retrospective operation, states that a person cannot be punished or subjected to a higher penalty on the basis of a law which was not in force at the time of the offence.

The bench comprising of Justice Sudhanshu Dhulia and Justice PB Varale in the case observed and has stated that the prohibition contained in Article 20 of the Constitution of India is on subjecting a person to a higher punishment than which was applicable for that crime at the time of the commission of the crime.

This being no prohibition, for this Court to impose a lesser punishment which is now applicable for the same crime.