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Retrospective effect of law

(Querist) 10 March 2013 This query is : Resolved 
If in case of possible changes in JUVENILE LAW.does this effect the existing juvenile in DELHI GANG RAPE? if so what are the extremes he need to face?does this law effect all the cases under trail and appeal ???
Devajyoti Barman (Expert) 10 March 2013
Academic query.
Let the law come into effect first to study its implications.
Nadeem Qureshi (Expert) 10 March 2013
Dear Shiva
How can we say the implication of the law, let the law come into effect then we will discuss about implication and effect.
it can be possible that this amended law have no retrospective effect
V R SHROFF (Expert) 10 March 2013
DO NOT DISCUSS BEFORE ENACTMENT OF lAW
R.K Nanda (Expert) 10 March 2013
wait till the said law is passed.
Poonam Singhi (Expert) 10 March 2013
All your queries will be answered once the law is passed.
Guest (Expert) 10 March 2013
Please expect reply with retrospective effect after when the law is actually passed with retrospective effect.

For the present it is a hypothetic query.
prabhakar singh (Expert) 10 March 2013
Why are you anxious to know some thing that does not exist.??????????
shiva235 (Querist) 10 March 2013
Am anxious because am a JUVENILE IN CONFLICT OF LAW under section 376 in the year 2008..... got 1 year imprisonment in trail court,set to an appeal at sessions court.Am pursuing B TECH final year,about to complete the course by august 2013.....praying to lord that juvenile justice act does not have any changes especially in context of age because am 16 at the time of offence.Girls parents claimed that i was raping her from two consecutive days and also claimed that they noticed that by observed bleeding at the vagina.Medical examinations of the girl clearly imply "RAPE HAS NOT OCCURED AND POSSIBILITY OF SEXUAL ASSAULT CANNOT BE RULED OUT".charges framed on me under 376 is liable to me or not?????
Guest (Expert) 10 March 2013
You could well have stated your problem right at the initial stage to get appropriate reply. However, except in exceptional circumstances, normally, any law becomes effective from the date of publication in the official gazette after ratification by the President of India on having been duly passed by both houses of the Parliament.
prabhakar singh (Expert) 10 March 2013
Generally Acts are enforced prospectively.

It is remotest possibility that a legislation relating to crime would be passed to have effect from a retrospective date.
shiva235 (Querist) 10 March 2013
so cases under trail are subjected to the new law when amended....If the retrospective date for new law is 2012 then what could be my future ????
shiva235 (Querist) 10 March 2013
please make it clear to what are worse case scenario's i need to face if the age is lowered.Sir am looking forward to appeal at JUVENILE BOARD after completion of my studies with all my certificates considering a benefit in merit of education.... section 2(k) and 19 are my hopes at present sir.

THANK YOU
Guest (Expert) 10 March 2013
If you are unable to interpret the replies of the experts, better concentrate on your defence on merits of the case instead of raising trivial and hypothetical issues when nothing has yet been enacted at this juncture.
prabhakar singh (Expert) 10 March 2013
When shall your studies get completed?
Anirudh (Expert) 10 March 2013
Dear Shiva,

Mr. Prabhakar Singh has very rightly stated that criminal offence cannot be made "retrospective".

Therefore, please concentrate on your studies. Even if the juvenile age is reduced by law, you will not get affected by the same.
Raj Kumar Makkad (Expert) 11 March 2013
Unfortunately the implementation of new law is prospectively.
Anirudh (Expert) 11 March 2013
Why "unfortunately" Mr. Makkad, especially in the context of the circumstances stated by the querist?
prabhakar singh (Expert) 11 March 2013
May be jeering way of expression so that author may shut now at least.
Raj Kumar Makkad (Expert) 11 March 2013
Anirudh! The way of expression to stop further discussion on the matter as this has much been discussed.
Sudhir Kumar, Advocate (Expert) 30 March 2013
no law applies retrospectively.


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