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The Constitution Of Islamic Republic Of Pakistan QUESTION #9394
Question 1
Under Article 12(1)(a), the protection against retrospective punishment means:
  • A person cannot be punished for an act lawful at the time but declared unlawful afterwards✔️
  • A heavier penalty than that prescribed at the time of the offence can still be imposed
  • A person may be tried but not punished retrospectively
  • Courts may retrospectively increase sentencing for ongoing offences
Correct Answer Explanation
Article 12(1)(a) provides that no law shall authorise punishment for 'an act or omission that was not punishable by law at the time of the act or omission.' Article 12(1)(b) adds that the penalty cannot exceed or differ in kind from what was prescribed at the time. Together, these form the non-retroactivity principle for penal law.