• Can I be charged NOW for committing a crime in 2017 if it is no longer a crime since 2018?

Suppose I did something that was a crime in India in 2017. In 2018, what I did is no longer a crime in India since it has been removed from the law by the Supreme Court. 

Can I be charged now for breaking the law back then in 2017? Can someone bring a fresh case against me now? If so, how likely is it that such a charge will not be thrown out by the court?
Asked 10 days ago in Criminal Law
Religion: Christian

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9 Answers

Court would not entertain compliant as it is no longer an offence 

 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

If the chargesheet was filed at that time and case is still pending in court then court might punished you with sum amount of fine. But if after 2018 someone drag you with that crime which is not existing then you will not be charged and case will be withdrawn but only if you commit that crime after 2018. Before 2018 or in 2017 you you committed then there are chances of getting punishment. Decision will be taking by court. 

Sanjna Vaishnav
Advocate, Gandhinagar
39 Answers

Not rated

Please specify what was your act which was criminal till 2018 but was decriminalized in 2018..

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1341 Answers
5 Consultations

4.4 on 5.0

In criminal case you can be charged. The limitation part is very narrow in criminal matters. Can only comment the exact status if I know the complete fact

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

If a FIR was registered at that time then the police would proceed wit filing of charge sheet on the basis of the FIR.

The supreme court has repealed the law subsequently, hence you may fight the case on merits  and as per the latest amendment implemented by supreme court in this regard, provided you receive summons from the trial court.

 

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

The crime was committed in 2017 when it was an offence. It is not an offence anymore but i am sorry but still you cannot escape conviction if the charges are proved because it was an offence then.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Hi

Certain offences such as Adultery (497IPC) , Unnatural offences (Section 377 IPC) have been declared as unconstitutional and as such the said SC Judgment operates retrospectively (i.e courts cannot prosecute a person who is facing trial for the offence which is no longer a crime).

It depends on the nature of offence and the wording of supreme court in its judgement declaring the law unconstitutional. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2051 Answers
374 Consultations

5.0 on 5.0

- If that offence has be removed from the criminal law after 2017 , then you cannot be charged for the said committed offence in 2017. 

- Further , other case on the same cause of action is not maintainable. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

no longer an offence then there is no question of charged. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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