Case Law Details
Case Name : Vijay Singh Vs State of U.P. & Ors (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
Undoubtedly, in a civilized society governed by rule of law, the punishment not prescribed under the statutory rules cannot be imposed. Principle enshrined in Criminal Jurisprudence to this effect is prescribed in legal maxim nulla poena sine lege which means that a person should not be made to suffer penalty except for a clear breach of existing law.
In S. Khushboo v. Kanniammal & Anr., AIR 2010 SC 3196, this Court has held that a person cannot be tried for an alleged offence unless the Legislature has made it punishable by law and it falls within the offence as defined under Sections 40,...
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good artcile on punishment not imposable if not prescribed under rules.