Nulla poena sine lege
| Literal meaning | No punishment without law |
|---|---|
| Pronunciation | NUL-a POY-na SIN-ay LAY-gay |
A person can be punished only as the law allows when the offence was committed. A heavier penalty than the law then provided cannot be given.
Example
The maximum punishment for an offence is two years when it is committed. A later law raises it to five years. A court cannot give five years for the earlier offence.
Statutory link
Article 20(1) of the Constitution of India: no person is subjected to a greater penalty than that in force at the time of the offence.
Exam tip
Pair with nullum crimen sine lege.
Memory trick
No law, no penalty.
Key takeaway
Punishment must be set by law before the offence.
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