Nullum crimen sine lege, nulla poena sine lege - There must be no punishment without law.
Meaning
The Latin maxim “Nullum crimen sine lege, nulla poena sine lege” literally means:
“No crime without law, no punishment without law.”
Explanation:
Nullum crimen sine lege – An act cannot be considered a crime unless it is clearly defined as such by law before it was committed.
Nulla poena sine lege – No one can be punished for an act unless the punishment for that act is prescribed by law before the act is committed.
Essence:
This principle ensures legal certainty and prevents arbitrary prosecution or punishment.
It is a fundamental aspect of criminal law, enshrined in almost every modern legal system, including India.
Legal Basis in India
Constitutional Basis:
Article 20(1), Indian Constitution:
“No person shall be convicted of any offence except for violation of law in force at the time of the commission of the act…”
Protects individuals from retrospective criminal laws.
Statutory Basis:
Indian Penal Code, 1860:
Criminal offences must be clearly defined.
Criminal Procedure Code, 1973:
Provides that punishment can only be awarded for acts defined as offences by law.
Key Principles
| Principle | Explanation |
|---|---|
| Legality Principle | A person cannot be punished for an act not defined as criminal at the time it was committed. |
| Non-retroactivity | Laws cannot apply retroactively to create offences or increase punishment. |
| Strict Construction | Criminal statutes should be interpreted narrowly; ambiguity cannot be used to punish. |
| Certainty in Law | Ensures citizens know in advance what conduct is criminal. |
Exceptions / Clarifications
Retroactive Laws in Limited Cases:
Law can be applied retroactively if it benefits the accused (e.g., reducing punishment).
Customary Offences:
Acts punishable under recognized customary law may be punishable even if not codified.
Important Case Laws
Kedar Nath v. State of Bihar (1962 AIR 955 SC)
Court held that a person cannot be punished under a law that was not in force at the time of the act.
Principle of non-retroactivity upheld.
Golak Nath v. State of Punjab (1967 AIR 1643 SC)
Reinforced that no law can take away the fundamental rights guaranteed by the Constitution retrospectively.
V. Krishnamurthy v. Union of India (1965 AIR 1182 SC)
SC clarified that penal provisions must be clear and certain; vague laws cannot form the basis for conviction.
Comparison with Other Legal Maxims
| Latin Maxim | Meaning | Connection |
|---|---|---|
| Nullum crimen sine lege | No crime without law | Prevents ex post facto criminalization |
| Nulla poena sine lege | No punishment without law | Ensures punishment is legally authorized |
Significance
Protects individual liberty.
Upholds rule of law and predictability.
Prevents arbitrary or retrospective punishment.
Forms a cornerstone of human rights in criminal law.
Summary:
Nullum crimen sine lege, nulla poena sine lege is a fundamental principle of criminal law that ensures:
Acts are only crimes if defined by law before being committed.
Punishments can only be imposed if legally prescribed.
Constitutional safeguard: Article 20(1) of the Indian Constitution.
Key case law: Kedar Nath v. State of Bihar, V. Krishnamurthy v. Union of India.
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