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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. - Legal Reasoning

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MCQ

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.

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Solution

The rule of beneficial interpretation required that the benefit of ex post facto law can be applied to reduce his sentence.

Concept: Criminal Law
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