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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.