Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: No person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence, nor subjected to a penalty greater than which might have been inflicted under the law in force at the time of commission of the offence.
FACTUAL SITUATION: A boy of 16 years was convicted of house trespass and theft. He was sentenced to imprisonment for 6 months and fine was also imposed. After the judgement, the Probation of Offenders Act came into force. It provided that a person below 21 years may not ordinarily be sentenced to imprisonment. Now the boy claims the benefit of this Act. Should he get it?
Options
No
The rule of beneficial interpretation required that the benefit of ex post facto law can be applied to reduce his sentence.
A boy below 18 years is a minor and so should not be punished.
None of the above.
Solution
The rule of beneficial interpretation required that the benefit of ex post facto law can be applied to reduce his sentence.
