The dictionary meaning of the word prospective with reference to statutes shows that it is concerned with or applying the laws in future or atleast from the date of commencement of the statute. It provides that “ no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.” The American Constitution also constitutes a similar provision prohibiting ex-post facto laws both by the Central and State legislatures. Clause (1) of the Article 20 of the Indian Constitution guarantees rights against ex-post facto laws. It prohibits the legislature to make retrospective criminal laws however it does not prohibit a civil liability retrospectively i.e. 20(1) of the Indian constitution imposes a limitation on the law making power of the constitution. Ordinarily, a legislature has power to make prospective laws, but Art.20 of the Indian Constitution, 1950 provides certain safeguards to the persons accused of crime and so Art. This article lays emphasis on retrospective and retroactive laws in India.Ĭoke Maxim: “A new law ought to be prospective, not retrospective in its operation.”

In general every statute is prospective unless it is expressed in the statute that it has retrospective operation.

Retroactive vs retrospective