Practicing Success
Practicing Success
CUET Preparation Today
| A particular section of criminal law has been held to be invalid and unconstitutional in 2011 by Delhi High Court. However, this decision was reversed by the Supreme Court in 2013. Now suppose a person committed an act in 2012 which is a crime under this particular section. What will be the correct legal position in respect of this section in accordance with our Constitution? |
The act of the person is punishable as the section was held to be valid by the Supreme Court in 2013. The act of the person will not be punishable as the section was not valid in the year 2012. The act of the person will/will not be punishable at the discretion of Delhi High Court. The act of the person will/will not be punishable at the discretion of the Supreme Court. |
| The act of the person will not be punishable as the section was not valid in the year 2012. |
| In 2009, Section 377 was declared invalid and unconstitutional by the Delhi High Court to protect rights to privacy, non-discrimination, and liberty of lesbian, gay, bisexual and trans gender people. But in 2013, the Supreme Court reversed the High Court's decision. In this example, sodomy law will not apply to any consensual homosexual conduct committed in 2011, but will apply to commissions that take place post-Supreme Court judgment of 2013. Article 20 prohibits application of laws retrospectively and prospectively. |
