Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Presumption Against Retrospectivity
Canons of Statutory Interpretation
Definition
The canon providing that a statute affecting substantive rights or creating new liabilities is presumed to operate prospectively only, unless the legislature has explicitly made it retrospective by express words or necessary implication.
Example
In Hitendra Vishnu Thakur v. State of Maharashtra, the Supreme Court held that while a procedural statute is presumed to be retrospective, a law that alters substantive rights or increases penalties is strictly prospective.