Retrospective operation

• Every Statute –
1. Which takes away
2. Impairs a vested right acquired under a existing law
3. Creates a new obligation
4. Imposes a new duty
5. Attaches a new disability
• In respect of transactions already past
• Should be Prospective
• Retrospective means –
• Law of commencement is earlier than enactment
• Laws which validate invalid laws
1. Looking backward
2. Contemplating what is past
3. Having reference to a statute or things existing before the Act in
question
4. Affects acts /facts occurring
5. Rights occurring – before the Act came into force
• Whether a statute should operate prospectively or
retrospectively – legislative intent
• Legislative intent – nature of right affected is to be considered
1. If vested rights – an amendment will be considered
prospective so as to not affect the vested right
2. If the right is procedural – no vested right
• Ex Post Facto Laws – signifies something done – so as to affect
something before
• 4 types of ex post facto laws – Chase J.
1. Action done was innocent – before passing of the law – after
passing of the law – the act becomes criminal – punishes such
action
2. Enlarges the scope
3. Inflicts greater punishment
4. Alters the legal rule of evidence – receives less or different
testimony
• Rule not applicable to penalties imposed
• Case:
• 3rd September, 1939 – An offence was committed under the Defence Finance
Regulation
• 11th May, 1940 – discovery of the offence
• 27th August, 1940 – information was laid before the Magistrate
• Punishment – fine should not exceed 100 pounds (besides imprisonment, if any)
• 11th June, 1940 – Amendment – Where any person is convicted of an offence under
the said Regulation – a fine equal to 3 times the value of security/currency should be
imposed
• 4th September – case came up before the Magistrate - Amended rule did not apply
• On Appeal, Tucker J. set aside the order
• Every new enactment should affect the future and not the past
• The presumption is against retrospective effect being given to a statute
• Where two interpretations are possible, the court should avoid a
construction which produces retrospective effect
• When an enactment prejudicially affect vested rights – the rule against
retrospective operation applies
• Where retrospective effect is to be given – no larger retrospective effect
will be given to a statute than the language warrants -
• A statute may be declared expressly retrospective – or a retrospective
effect may be implied by the court
• A fiscal enactment cannot be regarded as retrospective by interpretation –
it should only be regarded expressly
• presumption of retrospective effect when the statute deals with procedure
• general rule - that statutes of limitation affect the remedy and not the law
• presumption of retrospective effect where the operation of the
statute is delayed because the delay enables litigants to
commence action under the old Law
• Presumption of retrospective effect – when a statute explains or
supplies an omission in an earlier enactment
• Declaratory Acts – Acts for removal of doubts, curative and
validating acts and remedial statutes are generally retrospective
• Remedial statute – not criminal or penal – deals with remedies
and procedure and does not affect any substantive rights
• A substantive provision cannot be retrospective unless the
provision so itself indicates