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Consider the following statements:
1. Retrospective criminal legislation implies that a person cannot be convicted for an act that was not an offense at the time it was committed.
2. The immunity against retrospective criminal legislation extends to preventive detention provisions.
3. Under double jeopardy, a person cannot be convicted for the same offense more than once.
Which of the statements given above is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements:1. Retrospective criminal legislati...
Understanding the Statements
To analyze the correctness of the given statements regarding criminal legislation and legal principles, let's break down each statement:
1. Retrospective Criminal Legislation
- This statement is correct.
- Retrospective legislation refers to laws that apply to events that occurred before the law was enacted.
- In criminal law, it is generally accepted that a person cannot be convicted for an act that was not recognized as an offense at the time it was committed. This is a fundamental principle of legality (nullum crimen, nulla poena sine lege).
2. Immunity Against Retrospective Criminal Legislation
- This statement is incorrect.
- The immunity against retrospective criminal legislation does not typically extend to preventive detention provisions.
- Preventive detention laws allow for the detention of individuals without trial under certain circumstances, and these can be applied retroactively.
3. Double Jeopardy Principle
- This statement is correct.
- The principle of double jeopardy protects individuals from being tried or convicted for the same offense more than once.
- This legal doctrine is fundamental in safeguarding individuals' rights against the state’s power.
Conclusion
- Based on the analysis, the correct statements are 1 and 3 only.
- Therefore, the correct answer is option 'C' (1 and 3 Only).
- Statement 2 is incorrect, as preventive detention can sometimes be applied retroactively, depending on the jurisdiction and specific laws.
Free Test
Community Answer
Consider the following statements:1. Retrospective criminal legislati...
  • Statement 1 is correct. Retrospective criminal legislation, also known as ex-post facto criminal legislation, states that a person cannot be convicted for an act that was committed at a time when the act had not been declared by law as an offense.
  • Statement 2 is incorrect. The immunity against retrospective criminal legislation does not extend to provisions of preventive detention.
  • Statement 3 is correct. Double jeopardy means that a person cannot be convicted for the same offense more than once.
Therefore, the correct answer is Option C: 1 and 3 Only.
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Consider the following statements:1. Retrospective criminal legislation implies that a person cannot be convicted for an act that was not an offense at the time it was committed.2. The immunity against retrospective criminal legislation extends to preventive detention provisions.3. Under double jeopardy, a person cannot be convicted for the same offense more than once.Which of the statements given above is/are correct?a)1 Onlyb)1 and 2 Onlyc)1 and 3 Onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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