Author: Manvi Tokas, The Northcap University
INTRODUCTION
Retrospective application of law, by meaning refers to how law can have a retrospective effect or application, for example, if a person did an act which was not an offence in the past and now later it has become an offence, through retrospective application of the said new law, the above person can be convicted for that offence.
The term retrospective, through Cambridge dictionary meaning refers to “looking back over the past” or “relating to or thinking about the past”. In the same way, the laws can also look or relate to the past and have its legal application thereof. The retrospective application of law can be for both civil or criminal laws. Though retrospective application is not a common practice specially in criminal laws. It can be practised and a person who if committed an offence in the past, through the retrospective application of the law can be punished. In simple meaning and words, it can be understood the application of law “backwards in law”. This allows alteration of legal implication and consequences in different ways. A person can be convicted of a new sentence or be acquitted of the same and new legal consequences and obligations or duty may arise to any person. The law making body that is the legislative body might feel necessary to enact a law that has a retrospective effect.
“Retrospective” means looking backward, contemplating what is past, having reference to a statute or things existing before the statute in question. Retrospective law means a law which looks backward or contemplates the past; one, which is made to affect acts or facts occurring, or rights occurring, before it comes into force. Retroactive statute means a statute, which creates a new obligation on transactions or considerations or destroys or impairs vested rights”.
The concept of retrospective law in itself has always raised questions of justice, equity and fairness, whether or not such an application of law in the past is correct or not. The fact that through the past application of law could lead to injustice and wrongs with some is a topic of debate.
EFFECT OF A STATUTE- The effect of a statute can be summarized under the following points-
Legal effects
Social effects
Economic effects
Administrative effects
Environmental effects
These effects in return provide us rights, liabilities, offences, liabilities, penalties, punishments, duties and obligations.
APPLICATION OF RETROSPECTIVE OPERATION OF LAW-
Substantive law- These are the laws which are impose rights and liabilities. Retrospective application of such law can be applied to either decrease or increase the punishment creating different liabilities and rights imposed on individuals.
Procedural law- These laws generally do not have retrospective, rather a retroactive operation of law. Retroactive operation of law means that a statute creates new obligation or transaction and impairs certain vested rights.
Declaratory law- These type of law is made to remove ambiguity from any previous law. Such type of law is retrospective in application aiming to correct previous laws.
Explanatory law- These statutes aim to explain and rectify all the omissions that existed in previous laws.
WHEN IS LAW APPLIED RETROSPECTIVELY-
Courts have usually held that “here is profusion of judicial authority on the proposition that a rule or law cannot be construed as retrospective unless it expresses a clear or manifest intention, to the contrary…Another equally important principle applies: in the absence of express statutory authorization, delegated legislation in the form of rules or regulations, cannot operate retrospectively”.
A law is applied retrospectively in the following ways-
Through explicit or implicit legislative intent in a statute, the law can be applied retrospectively
Through a curative application done to the previous law.
Courts judgment which overrule the previous judgment, the new ruling can be applied retrospectively.
Clarification can be a way for retrospective application of law if the new law’s purpose is to explain or clarify a previous one, remove doubts, or correct omissions.
The applicability of retrospective law is done to both criminal as well civil laws. Let’s understand the application in better detail.
CIVIL LAWS- These laws are non-criminal in nature, mainly concerned with private relation between the people or group pf people whatsoever. Civil laws can also be applied retrospectively. Some examples of statutes and provisions of statute which were applied retrospectively are as follows-
The Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978. This act was aimed to prohibit the transfer of land granted by the government to the people belonging to the scheduled caste and schedule tribe. This was applicable to the land owned before the enactment of the above said law.
Tamil Nadu land acquisition ( revival of operation, amendment, and validation) act, 2019. This particular act’s constitutional validity was discussed at large in the landmark case of G. Mohan Rao v. State of Tamil Nadu; wherein the act was held not to constitutionally invalid and upheld the retrospective application of this act which was done in the interest of the general public welfare and hence the retrospectivity of the same cannot be per se stopped.
Income Tax act, 1995, section 9(1)(a). this provision was to tax overseas transaction involving Indian assets, was applied retrospectively.
Central goods and services act(amendment) act, 2018. This act was intended to correct anomalies and was applied retrospectively.
Union Budget 2022-23 – Introduced retrospective tax reliefs, such as exemption of Covid-19 medical expense reimbursements from April 2020.
CRIMINAL LAWS- Criminal laws include crimes like theft, murder, assault etc which are serious in nature involving punishments which can include life imprisonment or death sentence in rarest of rare cases. Criminal laws are generally and more likely not applied retrospectively as it would not be correct and justiciable to hole a man responsible for their past acts when that act was not considered a crime. The same reasoning is abided by the constitution of India, Article 20(1), which states that how no person can be held liable for an act which was not an offence when the act was done. Thereby expressly prohibiting ex-post facto laws, which means laws which are retrospective in nature and are meant to impose liabilities.
On the other hand, application of statute in criminal law cannot occur ex-post facto but could occur retrospectively to reduce punishments or for the public welfare and interest. The criminal laws can be applied retrospectively if clearly stated through the legislative intent. There are instances where laws that mitigate the severity of criminal penalties may be applied retrospectively; however, this is contingent upon the law being framed in a manner that does not violate the constitutional prohibition against ex-post-facto laws.
Some examples of criminal laws which are applied retrospectively-
Probation of offenders act, 1958, has been applied retrospectively by the courts to reduce the punishments and application in the interest of welfare.
Juvenile Justice Act, 2000, the act has been applied retrospectively to provide lesser punishments or acquit persons who were convicted of an offence but were juvenile even prior to the enforcement of the act.
Code of Criminal Procedure (Madhya Pradesh Amendment Act), 2007, has been held retrospective in operation by the MP High Court.
Delhi Special Police Establishment Act, section 6A, has been held retrospective and not barred by the power of Article 20(1).
IMPORTANT CASE LAWS-
CIT v. Hindustan Electrographite Ltd (1998)
Fact- The case involved the Hindustan Electrographite Ltd. Company which had filed for income tax. This was during the 1989. Additionally, there was amount representing the cash compensatory support that was not offered during the 1989, but was introduced with the Finance Act, 1990. Thereby the company appealed for the added benefit later introduced.
Issues raised- whether the finance act of 1990, be applied retrospectively.
Court’s reasoning and ruling- The court dissected the retrospective amendment introduced by the Finance Act, 1990, which added Section 28(iiib) to the Income-tax Act, making cash compensatory support from the government taxable from April 1, 1967 . The court referenced constitutional safeguards under Article 20, which restrict retrospective penal legislation, reinforcing that penal consequences cannot be imposed retrospectively without clear legislative intent .
Garikapatti Veeraya v. N Subiah Choudhary (1957)
Facts- The case involved the appellant G. Veeraya who first filed a suit in the court at Bapatla, seeking relief concerning immovable property, which was valued at rupees 11,400. The decree was dismissed, the plaintiff filed an appeal, which was transferred to the high court. The High Court reversed the trial court’s decision and decreed the suit in favour of the appellant. The appellant applied for a certificate to appeal to the Supreme Court, which the High Court denied due to the reason that it did not satisfy the monitory threshold as per article 133(1), requiring minimum value of rupees 20,000. A special leave was further filed by the petitioner to the, claiming that it is a vested right.
Issues raised- The case discovered the article 133 be retrospectively altered or abrogated as a right. As well as whether there is a vested right of appeal to the federal court.
Court reasoning and ruling- The court held that the right of appeal is a vested right. The Bench emphasized that Article 133 was not retrospective, and applying it to extinguish vested appeal rights would render Clause 20 of the Adaptation of Laws Order, 1950 ineffective. The Court commented that the Constitution should not be interpreted in a manner that retrospectively removes accrued rights, especially those of appeal. The court held that the substantive rights cannot be withdrawn retrospectively unless expressly provided.
Ratanlal vs State of Punjab
Fact- the case involves the conviction of 16 year old convict for committing trespass and attempting to outrage modesty of a 7 year old girl. He was convicted under Sections 451 and 354 of the Indian Penal Code. The probation of offenders act, was not in force at the time of the trial but came into effect during the appellate proceedings. The said act could possibly reduce the sentence of the convict and thereby he appealed in higher court, all of which rejected his petition. Aggrieved by the same he went to the supreme court to claim that Section 6 could be applied retrospectively to reduce the punishment imposed on the accused.
Issues raised- Whether an Appellate Court can exercise its power under Section 6 of the Probation of Offenders Act, 1958 in respect of an accused who was convicted by the trial court before the Act was enacted.
Court reasoning and ruling- The Supreme Court held that even an ex post facto law i.e., a law enacted after the offence was committed can be applied to reduce the punishment for an offender; the Court invoked the principle of beneficial construction which is applied to interpret laws in a way that favours the accused especially in cases where there is ambiguity. The decision in this case is rooted in the principle that laws should not be applied retrospectively to impose a harsher punishment than what was in force at the time when the offence was committed; it clarified that a subsequent law that reduces the punishment for an offence can be applied retrospectively to benefit the accused.
Hansraj v. State of UP
Fact- The case of Hansraj vs State of UP involves a murder convict who approached the Supreme Court of India under Article 32 of Constitution and sought a writ of mandamus for his release from custody. The petitioner argued that he was a juvenile at the time of the offence, committed in 1981 and that his continued detention violated the Juvenile Justice (Care and Protection of Children) Act 2000 and his fundamental right to life and personal liberty under Article 21.
Issues raised-Whether the Juvenile Justice (Care and Protection of Children) Act 2000 applies retrospectively to offences committed before its enactment.
Court reasoning and ruling- The Supreme Court in Hansraj vs State of UP on 9th October 2025 ordered the immediate release of a murder convict after determining that he was a juvenile at the time of the offence which occurred in 1981; the Court held that the Juvenile Justice (Care and Protection of Children) Act 2000 is retrospective in effect and applies even to offences committed before its enforcement on 1 April 2001.
CBI vs RR Kishore, 2023
Fact- The CBI v RR Kishore case revolves around the applicability of Section 6A of the Delhi Special Police Establishment (DSPE) Act, 1942, which mandates prior approval from the Central Government for the CBI to investigate certain offenses. The primary issue is whether the violation of this provision in a particular case rendered the investigation and trial invalid. The case also analyses whether the retrospective declaration of Section 6A(1) as unconstitutional, made by the Supreme Court in 2014, can affect the ongoing proceedings.
Issue raised- The validity of the DPSE act and discovering its retrospectivity.
Court reasoning and ruling- CBI vs RR Kishore the 5-Judge Bench of the Supreme Court of India after careful examination held that the invalidation of Section 6A of Delhi Special Police Establishment (DSPE) Act, 1942, as established in the 2014 case of Subramanian Swamy v. Director, CBI applies retrospectively; it means that Section 6A is treated as void from its original enactment date on 11th September, 2003. Therefore, any investigations, actions or legal processes conducted under this section after its enactment are deemed unconstitutional and invalid. The Supreme Court in CBI v RR Kishore rejected the argument of the Central Bureau of Investigation (CBI) that Section 6A of the DSPE Act should be treated as a mere procedural provision, exempt from constitutional protections under Article 20; instead, the Court held that Section 6A, which allowed high-ranking government officials to avoid investigations without prior approval from the Central Government, was discriminatory and violated the principle of equality enshrined in Article 14 of the Constitution.
INTERNATIONAL EXAMPLES OF RETROSPECTIVITY OF LAW-
AUSTRALIA-
R v Kidman (1915)
In this case, the retrospectivity of law was the first time discussed in the Australian court. The High Court ruled that whilst the Parliament’s power is limited by the Constitution, the Australian Constitution imposes no limitation upon parliaments ability to enact retrospective laws.
Polyukhovich v Commonwealth (1991)
The case considered the validity of S 9 of the War Crimes Amendment Act 1988 (Cth). S 9 stipulated that a person who committed a war crime between 1 September 1939 and 8 May 1945 was guilty of an indictable offence; in other words, the Act created a crime out of conduct that occurred nearly 50 years before its passing.
UNITED KINGDOM,UK-
Walker v. Innospec Ltd. And Ors. (2017)
The landmark case of UK supreme court clarified how laws made cannot be applied retrospectively unless and until there is clear and intention of the legislature in the statute to make the law retrospective.
FRANCE-
The Constitutional Council was established by the Constitution of the Fifth Republic, which prohibited ex-post facto laws, only allowing retrospective law to be born with limitations and restrictions. The council was influenced by the “article 2 of the civil code or the Napolean code”.
UNITED STATES OF AMERICA,USA
“Article I Section 9”, of the American constitution prohibits the “federal government” from passing ex-post facto laws and “section 10” of the same article bans the “state government” from passing them.
CONCLUSION
The retrospective application of law, as a concept refers to looking back in the past, when the law has a past effectiveness. What is meant by that is how a law can operate backwards and influence or change the obligations, rights and liabilities of any person. Though retrospective application of law is not a common practice, as law made is deemed to have a prospective effect rather retrospective. Still, law can sometimes have a retrospective application for many reasons like to correct past law, reduce punishment or make a law in itself invalid. The legislative body can while making a statute declare the statute as being retrospective in operation. Otherwise holding a statute retrospective is not an easy job to perceive and if not explicit, implicit intention of the legislature is usually seen. Likewise, a statute for the purposes of public interest and welfare or for beneficial construction can be operated backwards and hold a retrospective application. The paper very rightfully discovers the aspect of retrospective operation of law for beneficial construction, wherein the courts to serve the purpose of justice, equity and good conscience have interpreted a statute as retrospective. This retrospectivity of law could be sometimes unfair and lead to injustice if not practised rationally and fairly; making it important for laws to carefully framed and further interpreted to follow the ideals of justice, equity and good conscience. A law is should always be framed for the good will of all the persons, be it retrospective or prospective, it should never cause harm and lead to injustice to people. Through the right application of law benefitting the society, law would become more effective in the purpose it is meant to fulfil as well it would gain the trust of the society at large, which is also the main purposes of making law in any given society.
FAQS
What is meant by retrospective application of law?
Retrospective application of law, by meaning refers to how law can have a retrospective effect or application, for example, if a person did an act which was not an offence in the past and now later it has become an offence, through retrospective application of the said new law, the above person can be convicted for that offence
What are the effects of a statute?
The effects of a statute are wide-ranging: they create, modify, or abolish legal rights and duties, provide authority (enabling statutes), restrict common law (disabling statutes), forbid actions (prohibitory statutes), or codify existing law, impacting individuals, government, and society by establishing order, imposing obligations (like taxes), defining crimes, and influencing court rulings, with effects varying based on duration (temporary vs. perpetual) and interpretation, as courts ensure statutes achieve legislative intent.
Is retrospective and retroactive application of law same?
While often used interchangeably, retrospective laws look back to change the legal effect of past actions (like making a new tax on last year’s income), while retroactive laws go further, actively invalidating past transactions or creating new liabilities for completed acts, often affecting vested rights, with courts scrutinizing them more heavily, especially in criminal cases (Article 20(1))
