Question

Nullum crimen sine lege signifies that

• A. Moral standards are the basis of crime
• B. Statutory provisions are the basis of crime
• C. Standards set by courts are the basis of crimes
• D. Standards set by international law are the basis of crimes

Hint:

This principle is a cornerstone of the rule of law. It protects citizens from arbitrary state action by demanding that criminal offences be clearly defined in accessible and pre-existing laws.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the meaning of the Latin legal maxim "Nullum crimen sine lege."
This requires an understanding of one of the most fundamental principles of modern criminal law, often referred to as the principle of legality.

Step 2: Key Concepts and Approach:
The maxim "Nullum crimen sine lege, nulla poena sine lege" translates to "no crime without a law, no punishment without a law."
This principle asserts that for an act to be considered a crime and for a person to be punished, the act must have been explicitly forbidden by a written law (a statute) at the time it was committed.
It forms the basis of the prohibition against ex-post facto criminal laws, which is constitutionally guaranteed under Article 20(1) of the Indian Constitution.

Step 3: Detailed Explanation:

• Principle of Legality: The core idea is that criminal liability and punishment should be based only on prior enactment of a law that is clear, precise, and accessible to all.

• Statutory Basis: This principle directly implies that the foundation of a crime must be a statutory provision. An act, no matter how immoral, cannot be treated as a crime unless a specific statute prohibits it. This makes Option (B) the correct answer.

• Evaluating other options: - (A) Moral standards are not the basis of crime. While law and morality often overlap, an act is not a crime merely because it is immoral.
- (C) While courts interpret laws, they do not create crimes out of thin air. Their standards must be based on existing statutes.
- (D) International law standards become the basis of domestic crimes only when they are incorporated into domestic statutes by the legislature.

Step 4: Final Answer:
The maxim signifies that statutory provisions are the basis of crime, ensuring that no one can be punished for an act that was not defined as a crime by law when it was performed.