principle and its position in Constitution and International Law

In criminal law, there is universal recognition to the principle of the prohibition on retroactive criminalization, meaning that certain conduct cannot be said to be criminal unless there is a law establishing its criminalization, and therefore list of criminal lawyers in bangalore  any ex post facto crime-creation shall be considered as invalid. This principle is captured by the Latin maxim Nullum crimen sine lege, meaning “no crime without law”, and it is interchangeably used with Nulla poena sine lege which means “no penalty without law”. The maxim(s) have been held to be a fundamental facet of criminal justice and rule of law. The nullum crimen sine lege is also referred to as the ‘principle of legality. The rationale behind the principle is to accord an individual the ‘fair warning’ by way of a previously published law, which in clear and uncertain terms declares particular conduct as criminal.

Scope of nullum crimen sine lege
Nullum crimen sine lege or the principle legality is considered to be imperative for a fair trial. The non-recognition of nullum crimen sine lege shall not only deprive an individual of a chance to regulate his conduct but also will also remove the limits upon the punitive power of State under criminal law. And broadly speaking, the principle is not restricted to the prohibitions against the application of ex post facto law but entails other guarantees as well.

Purpose of nullum crimen sine lege  
As mentioned in the foregoing, the principle of legality prohibits retroactivity in the application of criminal law. Additionally, the guarantees under the principle cumulatively forge compatibility with the doctrine of separation of powers. In the area of legislation, the principle informs the legislature to make laws that are precise, uncertain, and not vague. Further, the principle seeks to ensure that interferences against the individuals by the executive are not undefined and excessive.

Constitution of India and nullum crimen sine lege 
Article 20(1) of the Indian envisages prohibition on conviction and enhancement of punishment under an ex post facto law. Article 20 (1) provides as follows: “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.”

International law and nullum crimen sine lege
Post World War II nullum crimen sine lege or the principle of legality has acquired recognition in international as well as regional human rights covenants. The principle was first given recognition in the human rights instruments namely, Universal Declaration of Human Rights, 1948 (Article 11, UDHR) and European Convention of Human Rights, 1950 (Article 7, ECHR), and later in the International Covenant of Civil and Political Rights (Article 15, ICCPR). In conventions pertaining to international humanitarian law, the principle of legality has been included in the Geneva Convention III (Art. 99 (1)); Geneva Convention IV (Art. 67), and Additional Protocol I (Art. 75 (4) (c)). More recently, the Rome Statute of the International Criminal Court also recognized the principle of nullum crimen sine lege in its Article 22.