Скачать или смотреть Presumption regarding the Prospective operation of statutes - Interpretation of Statutes

Presumption regarding the Prospective operation of statutes
Typically, Indian laws are interpreted to apply to actions or transactions that occur after the law takes effect, rather than affecting those that took place before.
For example, if a law was passed on the 1st of December 1999 that smoking in public places is a punishable offence
and the law comes into force from the 1st of January of 2000.
then, people who are caught smoking in public places on or after the 1st of January of 2000 can be prosecuted and punished.
People who were smoking in public places on 31st Dec or before cannot be prosecuted or punished.
In other words, laws are generally assumed to be applicable only on actions or transactions that occurred after the law came into force - i.e. prospective operation and not retrospective operation.
Article 20 of the constitution specifically prohibits the retrospective operation of criminal laws.
So, a person cannot be punished for something that was done before the act came into force.
A point to be noted here is that the constitution does not prohibit the retrospective operation of civil laws.
Therefore, civil liabilities can be enforced or taxes can be levied on past transactions.
However, if there are any penal provisions - i.e. punishments - in the civil law, those provisions cannot be enforced retrospectively, on past transactions.