Notes- Umang Sharma

INTERPRETATION
The main function of a court is to interpret the laws. The laws are interpreted by
the courts when any dispute arises in the court. The court while interpreting the
law should find out the real intention of the legislation. It can be considered as
an art of finding the real meaning of the enactment by the courts. For
interpreting any law or statute, we first have to know the different parts of
statutes which are as follows:
1. Short Title- Short title is a name given to the statute for the purpose of
its identification. It generally ends with the year of passing of the act. For
example- Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha
Sanhita, 2023
2. Long Title- Long title is a brief description of the purpose of act. It is
mentioned in the head of the Statute. For example the long title of
Bharatiya Sakshya Adhiniyam, 2023 is “An Act to consolidate and to
provide for general rules and principles of evidence for fair trial.”
3. Preamble- The next part of statute is preamble and it contains the object
of the act. For example the preamble mentioned in the West Bengal Special
Courts Act, 1950 is “Whereas it is expedient to provide for speeder trial of
certain offences.”
4. Marginal Notes- Marginal notes are the brief explanations of the section.
They are inserted at the side of the sections in an act. For example the
marginal note of section 357 of the Bharatiya Nyaya Sanhita, 2023 is
“Breach of contract to attend on and supply wants of helpless persons”.
5. Headings- Headings are basically the group of sections or of a single
section. In acts there are some headings attached to all the sections. For
example The heading before Section 337 to Section 366 of Bharatiya
Nagarik Suraksha Sanhita is “General Provisions as to inquiries and
trials”.
6. Definition or Interpretation Clause- There are certain words in an act
which is difficult to understand. These words are defined under definition
or interpretation clause of an act. For example Section 2 of Bharatiya
Nyaya Sanhita, 2023 is definition clause which defines many words such
as counterfeit, harbour, omission, vessel, etc.
7. Provisos- A proviso is a clause or statement that introduces a condition in
a statute. It is inserted in the section when the enacting part of the section
does not include the subject matter of the proviso. It contains the word
“Provided that” in itself. For example The proviso of Section 22 of the
Bharatiya Sakshya Adhiniyam, 2023 contains “Provided that if the
confession is made after the impression caused by any such inducement,
threat, coercion or promise has, in the opinion of the Court, been fully
removed, it is relevant”.
Notes- Umang Sharma

8. Illustration- An illustration is a part of statute present in the section

which explains the provision of law through an example.
9. Exceptions and Saving Clauses- Exception or saving clauses refers to the
clauses which exempt some provisions from the application of section.
10. Explanation- It is the part of the statute which is inserted when
legislature feels that a particular provision needs explaining to remove
doubts about the sections.
11. Schedule- It is the part of the statute which deals with how claims
or rights are to be asserted or how powers conferred is to be exercised.
12. Punctuation- Statutes contain punctuations marks in itself. These
punctuation marks are present to know the real intention of the statutes.

CLASSIFICATION OF STATUTES
Statutes are generally classified on the following four basis:
A. Classification with reference to duration- There are two types of
Statutes which are classified on the basis of time duration:
(i) Temporary Statute- Temporary Statute refers to the statute which
are made for a temporary time period. The validity of such statutes
are fixed for a particular time and after the lapse of that time, they
lose their validity. For example Finance act is an act which is to be
passed every year.
(ii) Permanent Statute- Permanent Statute refers to the statute which
do not have a prescribed time limit. They are intended to be made
permanently but changes can be made in it. These statutes can also
be repealed if the legislature intends to repeal it.
B. Classification with reference to method- There are two types of statutes
on the basis of method:
(i) Mandatory Statute- Mandatory Statute refers to the statute which
compels the performance of a certain thing. These types of statutes
must be strictly followed. It is also known as Imperative or obligatory
Statute.
(ii) Directory Statute- Directory Statute refers to the statute which
merely directs the performance of any act. The performance is not
compelled in the Directory Statute. It is also known as Permissive
Statute.
C. Classification with reference to object- Following are the types of statute
when it is classified with reference to object:
(i) Codifying Statute- A codified statute is a statute which codifies the
principle and rules of law in a systematic and structured format.
These are the statute which takes the existing principle and rules of
law and does not create new laws.
Notes- Umang Sharma

(ii) Consolidating Statute- A consolidating statute refers to the statute

which consolidates the different laws on a particular subject at one
place. It collects all the laws, amendments, minor enactments at one
place and consolidates into a statute.
(iii) Declaratory Statute- A declaratory statute refers to the statute
which clarifies the doubts or misunderstandings relating to any
statute. This statute clarifies the meaning of the law.
(iv) Remedial Statute- A remedial statute refers to the statute which
offers a new solution. The main purpose of making such a statute is
to address problems or errors in the old law.
(v) Enabling Statute- Enabling statute refers to the statute which
enables performance of something which is forbidden previously. It
widens the scope of what`s allowed in the common law.
(vi) Disabling Statute- Disabling statute refers to the statute which
disables or restrict the right conferred by the common law.
(vii) Penal Statute- Penal Statute refers to the statute which punishes
certain acts or wrongs. These types of statute are generally in the
form of a detailed criminal code for example Bharatiya Nyaya
Sanhita, 2023.
(viii) Taxing Statute- Taxing Statute refers to the statute which makes
the provision relating to the imposition of taxation. It can be any
type of taxe such as entertainment taxt, income tax, wealth tax etc.
Income Tax Act, 1961 is one of the example of taxing Statute.
(ix) Explanatory Statute- Explanatory Statute refers to the statute
which explains any other law. These statutes are made to clarify the
confusing part of the previous laws.
(x) Amending Statute- Amending Statute refers to the statute which
amends the original law in order to make improvement in the
original law.
(xi) Repealing Statute- Repealing Statute refers to the statute which
repeals any previous statute. For example Consumer Protection Act,
2019 repeals the Consumer Protection Act, 1986.
(xii) Curative Statute- Curative Statute refers to the statute which is
passed to cure defects in any previous law. It is generally 15passed
to fix problems in previous laws.
D. Classification on the Basis of Application-
(i) Public Statute- Public Statute refers to the statute which relates to
a matter of public interest. These statutes are applicable to all.
(ii) Private Statute- Private Statute refers to the statute which contains
matter related to specific individuals and not to the matters related
to public interest.

INTERPRETATION AND CONSTRUCTION

Notes- Umang Sharma

The term Interpretation is derived from a latin word ‘interperiteria’ which

means to the process of explaining, understanding, and determining the
meaning of legal texts, such as statutes, contracts, or constitutional provisions.
In interpretation, the main aim of the court is not just to read the law but to
apply it in a legal manner.
The word Construction goes beyond mere interpretation. It expands, clarifies,
or adapts the meaning of a legal text when the words themselves are unclear,
ambiguous, or incomplete. Construction is often used when interpretation alone
does not resolve a legal issue. In simple words, construction is the process of
drawing of the conclusion from a subject which cannot be understood directly
from the texts of the law.
The difference between Interpretation and Construction can be understood in
the form of table:
Basis Interpretation Construction
Definition It is the process of Construction is the
explaining, process of drawing of the
understanding, and conclusion from a
determining the subject which cannot be
meaning of legal texts, understood directly from
such as statutes, the texts of the law.
contracts, or
constitutional
provisions.
Law Common in Civil Law Common in Common
System Law System
Language of Law Language of Law is clear Language of Law is
ambiguous.
Modification It does not modifies the It modifies the meaning
meaning of law. of law.
Rigidity It is rigid It is flexible

Principle of Literal Interpretation

The first principle of interpretation is the Principle of Literal interpretation. This
principle is also known as the principle of Grammatical Interpretation. This
principle states that the words of an enactment must be given their ordinary and
natural meaning. This principle states that if the meaning of the word in a statute
is clear then in such a case effect should be given to the statute.
The main object
of this principle is to know the intention of legislature through words. These
words are interpreted according to the rules of grammar, that`s why this
Notes- Umang Sharma

principle is also known as the principle of grammatical interpretation. This rule

is based on the legal maxim, ‘ verbis legis non est recedendum’ which states
that there is no departure from the word of law.
The rules to apply principle of literal interpretation are as follows:
1. The foremost rule of literal interpretation is that the words contained in
the statute should be accurately interpreted.
2. The second rule of literal interpretation states that only the natural
meaning of the words should be applied and the secondary meaning
should be applied only in the cases where it is intended by the legislature.
3. The next rule of literal interpretation is that the prevailing meanings of
word should be applied while interpreting the statute.
4. Legal, technical and artistic words should be applied in a proper manner.
For example Sale and agreement to sale are two different legal terms and
is to be interpreted accordingly.
Case- Ramavatar vs Assistant Sales Tax Officer (AIR 1961 SC 1325)- In this
case the question before the court was that whether the sale of betel leaves was
subject to sales tax or not as per the Central Provinces and Berar Sales Tax Act,
1947 ? In this case appellant contended that betel leaves are vegetable as per
the dictionary meaning of the word vegetable.
But the Supreme Court in this case held that the word betel leaves could not be
given the dictionary meaning when the ordinary and natural meaning of word
betel leaves are clear and unambiguous. So Betel leaves are not vegetable and
hence sales tax can be levied on it.
Case- Ranjit Udeshi vs State of Maharashtra (AIR 1965 SC 881)- In this case
the appellant was convicted under section 292 of the Indian Penal code for the
sale of an obscene book which is banned by the Government of India. In this
case the appellant contended that he does not have the knowledge of obscenity
contained in the book. He further argued that the book sellers sell large no. of
books and is not expected to know the contents of each book.
Supreme court in this case held that the knowledge of obscenity is not an
essential element of the offence under section 292 of the Indian Penal Code and
the court must give the natural meaning of words used in the section.
Case- Sonia Bhatia vs State of Uttar Pradesh [1981 SCR (3) 239]- In this case
it was held that words with well known meanings are generally used by the
legislature in the normal or popular sense.
Case- State of Kerala vs Mathai Verghese [(1986) 4 SCC 746]- In this case the
supreme court applied the rule of literal interpretation while interpreting the
expression Currency note and bank note under section 489A and 489 E of IPC.
Notes- Umang Sharma

In this case the court held that since the word Indian is not written before
currency and bank notes, hence the intention of lawmakers is to include both
the foreign and Indian currency and bank notes.
Case- Karnataka State Financial Corporation vs N. Narsimahaiah (AIR 2008
SC 1797- In this case supreme court held that the object of law is the relevant
factor only when the language of law is not clear and is ambiguous in nature.
Case- Nemai Chandra Kumar and others vs Mani Square Limited and others
(AIR 2015 SC 2955)- In this case it was held that rule of literal interpretation
rule is the first rule to be applied. If the language of a statute is clear and
unambiguous then there is no need to look out of the statute.

MISCHIEF RULE OF INTERPRETATION

Mischief rule of interpretation is originated in Heydon`s case in the year 1584.
The main aim of this rule is to determine the mischief or the defect. By applying
this rule court needs to know the part of law which is not covered or is need to
be rectified. This rule is also known as the Heydon`s rule or rule of purposive
construction. To apply this rule of interpretation following points need to be
taken into consideration:
1. What was the common law before making the act
2. What was the mischief or defect which the common law did not provide
3. What remedy is given by the parliament in this regard
4. What is the true reason of the remedy
Case- Bengal Immunity Company vs State of Bihar (AIR 1955 SC 661)- In
this case supreme court observed that to arrive at the true intention of the
legislature, an enactment should be interpreted in the light of history of the
legislation, the mischief it intended to suppress and the provisions of statute.
Case- Kanailal vs Paramnidhi (AIR 1957 SC 507)- In this case supreme court
observed that the mischief rule can be applied only when the language of the
enactment is capable of two or more constructions. In such cases it becomes
important to consider the mischief and defect which the act purports to remedy
and correct.
Case- Pyarelal vs Mahadeo Ramachandra (AIR 1974 SC 228)- In this case the
appellant argued that supari is not a food within the meaning of the Prevention
of Food Adulteration Act, 1954. But the court in this case held that Supari is an
article of food. Court further held that the word food should be interpreted in the
context of mischief which the act intended to suppress and advance the remedy.
So in this case supari was considered as food by applying the mischief rule.
Notes- Umang Sharma

Case- B.K. Garad vs Nasik Merchants Co-operative Bank Limited (AIR 1984
SC 192)- In this case the question against court was that whether under section
73-B of the Maharashtra Cooperation Societies act, 1961 it was obligatory to
reserve seats for people of SC and ST in the managerial posts. The court in this
case apply the mischief rule and held that since all the four conditions of mischief
rule are satisfied it is obligatory to reserve seats for the people of SC and ST but
holding of an election first is necessary.

Golden rule of interpretation

Golden rule of interpretation is the extension or elaboration of the Literal Rule of
interpretation. As per the golden rule of interpretation, if the literal meaning of
the word is ambiguous, vague or misleading or if the strict interpretation of the
rule results in absurdity then in such a situation court may deviate from the
literal meaning of the word to avoid such absurdity. In this case the court has
power to modify the literal meaning of the word, that`s why this rule of
interpretation is known as the Golden rule of interpretation.
This rule of interpretation is applied in following cases:
1. If the meaning of word is ambiguous, vague or misleading
2. If the Strict interpretation of the word leads to consequences not intended
by the legislature.
Case- Lee vs Knapp [(1967) 2 Q.B. 442]- In this case golden rule of
interpretation was used to interpret section 77(1) of Road Transport Act, 1960.
As per the section driver causing an accident shall stop at the place after the
accident. In this case the driver after causing an accident stopped for a moment
and then ran away. Court in this case applied the golden rule and held that the
driver has to stop for a reasonable period of time hence he is liable under section
77(1).
Case- R. vs Sigsworth [(1935) 1 Ch 48]- In this case a son had murdered his
mother. As per the rules set out in the administration of Justice Act, 1925, the
property of mother is inherited by her next of kin i.e. his son. Court in this case
applied the golden rule of interpretation and held that although there were no
ambiguous words in the act, but court will not prepared to let a murderer benefit
from his crime because it was not intended by the legislature.

DOCTRINE OF HARMONIOUS CONSTRUCTION

Doctrine of Harmonious construction states that when there is a conflict between
two or more statutes or there is a conflict between two or more provisions of the
same act, then the law must be interpreted in such a manner that effect should
be given to both the laws. The basis of this principle is that the legislature does
Notes- Umang Sharma

not have the intention to contradict itself and the main intention of the
legislature is to give validity to all the laws made by it.
Case- State of Gujarat vs Patel Ramjibhai (AIR 1979 SC 1098)- In this case
an unregistered dealer who evades payment of tax by committing double default
as specified in Section 33(6) and section 35 of the Bombay Sales Act, 1959.
Section 33(6) is limited to a specific class of tax evadors while section 35 deals
with the all cases in which assessment should be done.
Court in this case observed that the general law is superseded by the specific
law. So both the provisions must be harmonized to the effect that an unregistered
dealer who evades tax by committing default is punished under section 33(6)
whereas all kinds of tax evasion are punishable under section 35 of the Act.
Case- British Airways Person in charge vs Union of India (AIR 2002 SC 391)-
In this case supreme court observed that particular provision of the act cannot
be picked up and interpreted to defeat another provision made in that behalf
under the statute.
Case- T.M.A Pai Foundation vs State of Karnataka (AIR 2003 SC 355)- In
this case supreme court observed that when constitutional provisions are
interpreted, it has to be borne in mind that the interpretation should be such as
to further the corporation. They cannot be read in isolation and have to be read
harmoniously to provide meaning and purpose.

PYQ
Q. What do you mean by construction(2015) 1 marks
Q. Define Temporary Statute(2015) 1 marks
Q. What is provisos(2015) 1 marks
Q. Give example of codifying statutes(2015) 1 marks
Q. What are different parts of statutes(2016) 1 marks
Q. What do you understand by literal interpretation(2016, 2018) 1 marks
Q. Define interpretation(2017, 2023) 1 marks
Q. What do you understand by grammatical interpretation(2017) 1 marks
Q. What is harmonious construction(2017) 1 marks
Q. Write any two rules of interpretation(2017) 1 marks
Q. Explain the rule “Delegatus non- protest delegate”(2017) 1 marks
Q. Interpretation is either ‘legal’ or ‘doctrinal’(2017) 1 marks
Notes- Umang Sharma

Q. Define interpretation and differentiate with construction(2018, 2024) 1 marks

Q. What do you understand by the term statute(2019) 1 marks
Q. Write the name of first three basic principles of interpretation(2019) 1 marks
Q. Which rule is also said the Heydon`s rule of interpretation(2019 1 marks
Q. Paan/ Betel leaf is not vegetable, so it is not free from sales tax”. Name
concerning case(2023) 1 marks
Q. Explain literal or grammatical interpretation(2023) 1 marks
Q. Explain the principle of “Golden rule” in brief(2024) 1 marks
Q. Explain Harmonious construction rule of interpretation(2016) 4 marks
Q. Discuss in short the importance of preamble in the interpretation of
Statute(2017) 4 marks
Q. What is the doctrine of Reddunda Singula Singalis(2017) 4 marks
Q. Throw light on the importance of Harmonious Construction rule while
interpreting a statute. Also refer relevant case laws(2018, 2024) 4 marks
Q. What do you understand by the term “Interpretation” Also differentiate it with
Construction(2019, 2023) 4 marks
Q. Discuss in brief Golden rule of interpretation with cited cases(2019) 4 marks
Q. Discuss the “Mischief Rule” of Interpretation with cases(2016,2017) 8 marks
Q. The street offences act intended to clean up the streets, that is, to remove the
mischief so as to enable people to walk along the streets without being molested
or solicited by prostitutes. The prostitutes attracted the attention of passerby
from balconies and windows. Is it a street offence? Decide explaining the rule of
interpretation involved(2018, 2024) 8 marks
Q. Describe different kinds of statute for purpose of interpretation(2019) 8 marks