nulla poena sine lege

The maxim means that no person may be punished except under a pre-existing law, and no penalty heavier than the one provided at the time of the offence may be imposed. It is a companion to nullum crimen sine lege and is part of the principle of legality.

In India Article 20(1) provides that no person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the offence. The bar applies to criminal penalties, not to civil liabilities or procedural changes, and a later law that reduces punishment may benefit the accused.

Example

The increased minimum sentence could not be applied to an offence committed before the amendment, because of nulla poena sine lege and Article 20(1).

In Indian law

• Article 20(1), Constitution of India
• Article 15, International Covenant on Civil and Political Rights

See also

nullum crimen sine lege · ex post facto · retrospective operation

Read more in the study notes

• The European system: the Convention and the European Court of Human Rights (Human Rights Law and Practice)