Under Article 20(1) of the Constitution of India, can a person be punished under a law that creates no offence, applying the principle of nullum crimen nulla poena sine lege?

No. Article 20(1) prohibits conviction except for violation of a law in force at the time of the act, embodying nullum crimen nulla poena sine lege — no crime or punishment can exist without a penal law; a statute that creates no offence cannot sustain a conviction or sentence.

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 — Section 2(b) — Definition clause — No offence created — Constitution of India — Article 20(1) — Nulla poena sine lege — Section 23 — Delegated legislation — Gang Chart — U.P. Gangsters Act, 1986 — Section 2(b) — Definition of 'gang' — No offence created — Held: Section 2(b) of the U.P. Gangsters Act is merely a definition clause; the activities in clauses (i) to (xxv) are already offences under other penal laws, and the Act itself creates no distinct offence, rendering it stillborn. (¶38, 39, 58) Constitution of India — Article 20(1) — Nullum crimen nulla poena sine lege — Held further: Article 20(1) embodies nullum crimen nulla poena sine lege: no person may be punished save for violation of a law in force at the time of the act, and a law that creates no offence cannot support punishment. (¶44, 52) U.P. Gangsters Act, 1986 — Section 23 — Rules — Impermissible delegation — Held further: The Rules framed under Section 23 cannot determine the status of a 'gangster' or create punishable liability where the parent Act creates none; creation of an offence is a legislative function that cannot be left to subordinate legislation. (¶53, 54) U.P. Gangsters Act, 1986 — Proceedings quashed — Other penal charges unaffected — Held further: The Act is stillborn on its existing provisions; the proceedings thereunder are quashed and the appellants released if in custody, without affecting the separate prosecution of the underlying offences under the ordinary penal laws. Appeals allowed. (¶58, 59, 60)

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