AILET (All India Law Entrance Test) Legal-Aptitude: Questions 142 - 143 of 152

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Question number: 142

» Legal Terms

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Appeared in Year: 2016

MCQ▾

Question

Which of the following court I tribunal ordered levy of an environment compensatory charge on commercial vehicles not bound for the capital yet passing through Delhi?

Choices

Choice (4)Response

a.

Supreme Court of India

b.

Delhi High Court

c.

National Green Tribunal

d.

All of the above

Question number: 143

» Law: Nature and Classification

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Appeared in Year: 2016

MCQ▾

Question

LEGAL PRINCIPLE: According to Article 20 (1) of the Constitution, no person shall be convicted of any offence except for violation of the 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.

FACTUAL SITUATION: ‘P’ was charged with an offence punishable with imprisonment for a term of one year. The Magistrate convicted him and awarded him a punishment of one-year imprisonment. While ‘P’ was undergoing the sentence, the law under which ‘P’ was convicted came to be amended and the punishment for the offence of which ‘P’ was convicted was reduced to six months. The defense filed an application to the Magistrate for review of sentence and to commute it to six months. Can the application be allowed?

Choices

Choice (4)Response

a.

Yes, because retrospective application of criminal law if it is beneficial to the accused is not against Article 20 (1) of the Constitution.

b.

No, since at the time of coming into force of the amended law, ‘P’ was already suffering the sentence and had not completed the full term. Hence, his case should not be dealt under the new law.

c.

No, because a penal statute cannot be given retrospective effect.

d.

No, because penal laws only have prospective application.

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