INTERPRETATION OF STATUTES

MODULE 1
Meaning of legislation, Statutes

kinds, parts of a statute

Meaning and need of interpretation

Difference from construction

Primary rules- Literal, Golden and Mischief Rule

LEGISLATION
As per Bentham and Austin ‘legislation’ signifies any form of law making. It however is a
particular form of law making- the declaration in statutory form of rules of law by a
competent authority. It denotes the enunciation or promulgation of laws by the
legislature of the State.

Salmond- legislation is that source of law which consists in the declaration of legal rules
by a competent authority.

Legislation is the most potent and sovereign source of lawmaking. It is the only source
which has all the powers of enacting laws, repealing old laws and modifying current laws.

Legislation can make rules in anticipation of cases that have not yet arisen. It can fill up a
vacancy or settle a doubt or confusion in the legal system as soon as it is brought to the
notice of the legislature. Legislation is superior in form when compared to other sources
of law- it is brief, clear, easily accessible and understandable.

Law which flows from legislation, or statute law, is the principal source of law today and
is a very convenient method of making law.

Legislation is a mark of a mature legal system formulated after great deliberation and
discussion, it is the final stage of law making.

STATUTE – ORIGIN, MEANING, DEFINITION

The origin of ‘Statute’ is from old French ‘estatus’ , from the late Latin ‘statum’ , meaning
law or regulation.

Black’s Law Dictionary- Statute is a particular law enacted and established by the will of
the legislative department of the government expressed with the requisite formalities.

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According to Allen, A statute is the highest constitutional formulation of law, the means
by which the supreme legislature, after fullest deliberation, express its final will.

According to Welberforce,” Statute law maybe properly defined as the will of the nation,
expressed by the legislature, expounded by the Courts of Justice. The legislature, as the
representative of the nation, expresses the national will by means of statutes. Those
statutes are expounded by the Courts so as to form the body of statute law.

Maxwell defined a statute as “the will of the legislature”.

The will of the legislature, however must be authentic that is to say, the statute must be
made in accordance with the legal procedure laid down for this purpose. In this way a
statute is an authentic expression of the legislative will.

Statutes set forth general propositions of law that courts apply to specific situations. A
statute may forbid a certain act, direct a certain act, make a declaration, or set forth
governmental mechanism to aid society.

A statute generally begins as a bill proposed or sponsored by a legislator. If the bill

survives the legislative process and is approved by both the houses of the legislature, the
bill becomes law when it is signed by the executive officer (the President in the Union
India, Governor in states.)

The legislature, as the representative of the people, expresses its will. Such
expression of the will, in accordance with constitutional provision is a statute.

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KINDS OF STATUTES
Statutes have been classified from the times they came into existence. In earlier times by
date and extent. In the medieval period, judges classified statutes into general and special.
Early modern day classification of statutes started in 1868. As per this statutes are (1)
Public or Private and (2) General or Local or Personal.

PRESENT DAY CLASSIFICATION

At present statutes are classified based on various criteria like Method, object and
duration.

BASED ON METHOD
a) MANDATORY/IMPERATIVE/OBLIGATORY STATUTE - A mandatory statute is one
which compels performance of certain things, or compels that certain things must be
done in a certain manner or form. A mandatory provision in a statute is one which
must be observed, as opposed to a ‘directory’ provision which leaves an option to the
person to obey it or not.

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 The obligatoriness of a statute is to be ascertained with reference to the consequence
that will follow from non compliance. That is when a duty (positive or negative) is
created by a staute, and there is no option but to do it in the manner prescribed by the
statute- it is a mandatory/obligatory statute.

b) DIRECTORY /PERMISSIVE STATUTE - A directory statute merely directs or permits a

thing to be done without compelling its manner or performance.

In Rani Drig Raj Kuer v. A.K Narayan Singh AIR 1960 SC 444 , it was observed that the
general consideration for making the distinction between the imperative and permissive
provision is the discretion conferred upon the person exercising it. The mandatory
provision gives no discretion whereas a directory provision permits a person to use or
not to use the provision.

In several cases the Courts have held that the question as to whether a statute is
mandatory or directory depends upon the intent of the legislature and not upon the
language in which the intend is clothed.

It is the duty of the court to try to get at the real intention of the legislature by carefully
analyzing the whole scope of the statute or section or a phrase under consideration.

BASED ON DURATION
a) TEMPORARY STATUTES- A temporary statute is one where its period of
operation or validity has been fixed by the statute itself. Such an Act continues in
force, unless repealed earlier, until the time so fixed.

E.g., The Finance Act is a temporary Act that has to be passed every year.

Ordinance which is promulgated by the President or Governor when the legislature is not
in session expires within 6 months if it not made into an Act.

b) PERMANENT/PERPETUAL STATUTE - Where no time-limit is put by the

legislature for its duration. But that does not mean it is unchangeable. It will
remain in force until it is repealed or amended or replaced by another Act.
Provisions of such a statute or the entire statute itself may also become
invalid/ultra vires when they are declared so by the judiciary.

BASED ON OPERATION
(a) PROSPECTIVE: Statutes which are in operation either from a future date
mentioned in the statute or from the date of notification in the official gazette.
(b) RETROSPECTIVE: Statutes which have a backward operation, ie operative
retrospectively from a previous date before the passing of the statute mentioned
in the statute.

BASED ON OBJECT
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 (a) CODIFYING STATUTE- Codification is the process of consolidating the law of a
country on any particular subject, or any portion of it, into a Code whether that
consists of statutes, case laws, customs or all three. The foremost purpose of the
codifying statute is to present an orderly and authoritative statement of the leading
rules of the law on a given subject. It also helps in avoiding overlapping and
inconsistency.

Eg: The Hindu Succession Act, 1956 is a codifying statue with respect to intestate
succession among Hindus

(b) CONSOLIDATING STATUTE- Consolidating statute is one which consolidates the

law on a particular subject at one place; it collects all statutory enactments on a
specific subject and gives them the shape of one statute with minor amendments if
necessary. The purpose of a consolidating Act is to present the whole body of
statutory law on a subject in a complete form repealing the earlier Acts.

Eg: Civil Procedure Code of 1908 amended and consolidated the law on civil procedure in
India.

Consolidation vs codification: codification systematises case laws, customs as well as

statutes. Consolidation places together in a single colume of a statute book all enactments
on a subject which were previously scattered over many volumes. Consolidation also
involves a simplification of the former enactments in keeping with the changed
circumstances.

c) DECLARATORY STATUTE /CURATIVE STATUTE/EXPLANATORY STATUTE– An

Act to remove doubts existing as to common law, or the meaning or effect of any
statute. The main object of such an Act is to remove doubts as to the meaning of
the existing law, or to rectify an interpretation which the legislature thinks is
wrong. Such a statute does not create substantive rights; it simply declares the law
as it is and as it had been at the time when the Act came into force.

Eg: 24th Amendment, 1971 added Article 13(4) in Constitution of India -Nothing in
this article shall apply to any amendment of this Constitution made under article. (in
response to Golak Nath case)

d) REMEDIAL STATUTE- The remedial statute is one whereby a new favor or a new
remedy is conferred. It is intended to cure some immediate mischief or validate
errors or irregularities in legal or administrative proceedings. The main object of
passing such a statute is to make improvements in the enforcement of one's rights
or for redress of wrongs and remove defects or mistakes in the former law. Some
author’s also call remedial statutes as socio-economic or welfare statutes. Their
aim is to cure some immediate mischief and bring into effect some type of social
reform by improving the conditions of certain classes of people who maynot have
been fairly treated in the past.

Eg: Maternity Benefits Act, 1961 and the Workmen's Compensation Act, 1923.

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 e) ENABLING STATUTE - A statute which makes it lawful to do something which
would not otherwise be lawful. By an enabling Act, the legislature enables
something to be done. By enabling the doing of something that otherwise cannot
be done, it also gives power to the enabled person/body to do everything for the
purpose carrying out the purpose of that legislation.

Eg: Acts authorising compulsory acquisition of land for a purpose (it is something that
cannot otherwise be done, once enabled the state gets all necessary power to enforce the
same)

f) DISABLING STATUTE - This type of statutes restricts or cut down a right

conferred by the common law. An Act restraining a common law right is a
disabling Act.

Eg: Acts preventing certain persons from voting or other rights.

g) PENAL STATUTE - A Penal statute is one which punishes certain acts or wrong.
They provide penalties for disobedience of law by making him liable for
punishments like fine, imprisonment etc. when a statute enforces law by giving
punishment to the offender instead of just redressing the grievance of the affected
person- it is a penal statute.

Eg: Indian Penal Code1860, Prevention of Food Adulteration Act 1954 etc.

h) TAXING STATUTE - A taxing statute is one which imposes taxes on income or

certain other kinds of transactions. Tax is a compulsory contribution to support
the government, levied on persons, incomes, commodities etc. Taxing statutes
provide for the collection, calculation etc of taxes and matters connected
therewith.

Eg: Income Tax Act, 1961, The Central Goods and Services Tax Act, 2017.

(i) AMENDING STATUTE - It is a statute which makes an addition to or operates

to change the original law as to effect improvement or more effectively carry
out the purpose of for which the original law was passed.

Eg: Criminal Law (Amendment) Act, 2013

(j) REPEALING STATUTE - A Repealing statute is one which repeals an earlier statute.
The Code of Criminal Procedure, 1973 repealed and re-enacted the Code of Criminal
Procedure, 1898. The BNSS 2023 repealed the Code of Criminal Procedure, 1973.

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MEANING OF INTERPRETATION OF STATUTES

As long as there has been law, there has been statutory interpretation. Statute law is laid
down in the form of authoritative formulae on the paper. It is for the Courts to apply these
formulae to the specific cases. The Court has to ascertain the meaning of the letters and
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expressions of the enactment for its application. This process of ascertaining the
meaning of the letters and expressions by the Court is called interpretation.

The term “interpretation” comes from the Latin word “interpretari,” which means “to
explain” or “to comprehend.” Every law must be interpreted by the judge in the way that it
was intended. The aim of interpretation is to determine

 what the statute stands for,

 what is the flaw it seeks to correct, and
 what is solution it seeks to promote.

Interpretation of statute is not a mechanical process, but is dynamic and creative one. In
the process of interpretation, the judges exert a considerable influence on the statute law.

Salmond’s definition: - Interpretation is the process by which the Courts seek to

ascertain the meaning of the Legislature through the medium of authoritative forms in
which it is expressed”

Cross’s definition: Interpretation the process by which Courts determine the meaning of
a statutory provision for the purpose of applying it to the situation before them.

Cooley’s definition: Interpretation is the art of finding out the true sense of words and
enabling others to derive from them the same idea which the author intended to convey.

A competent legislative authority can only make a law. Interpretation of law is an

intellectual activity, a form of activity which aims at explaining, expounding and
ascertaining the meaning and scope of a statute. The courts have to apply the statutory
law in deciding cases so it becomes the duty of the courts to interpret the law first and
then apply it to a particular case.

OBJECT OF INTERPRETATION/ NEED FOR

INTERPRETATION
According to Maxwell, the object of all interpretation of statute is to determine what
intention is conveyed, either expressly or impliedly by the language used, so far as it is
necessary for determining whether the particular case or state of facts presented to the
interpreter, falls within it”. Interpretation is the process by which the Courts seek to
ascertain the meaning of a particular legislation.

1. TO FIND OUT THE INTENTION OF THE LEGISLATURE : The object of interpretation

is to discover what the Legislature intended from the text of the enactment. .

Words of any language are capable of referring to different referents in different contexts
and times. Language therefore is likely to be misunderstood. Also while drafting the
statutes, the Legislature keeps in mind the ‘general issues’ only. But in practice specific
issues come before the Court.

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The statutes consists legal phraseology which are complicated having complex and
compound sentences. The terms used in the statute may carry some meaning in ordinary
language but carry some implied meaning in statute. Some words may carry double
meaning.

In all such cases, it is the duty of the Court to interpret the appropriate meaning and
apply to the concerned case.

Union of India v. Filip Tiago De Gama (1990) 1 SCC 277), the Supreme Court
explained the object and purpose of interpretation as: “The paramount object in
statutory interpretation is to discover what the Legislature intended. This intention is
primarily to be ascertained from the text of enactment in question. But if there is obvious
anomaly in the application of the law, the Court could shape the law to remove the
anomaly. If the strict grammatical interpretation gives rise to absurdity or inconsistency,
the Court could discard such interpretation and adopt an interpretation which will give
effect to the purpose of the Legislature.”

Kanailal v. Paramnidhi (AIR 1957 SC 907), the SC observed that the intention of the
Legislature must be found in the words used by the Legislature itself.

The intention of Legislature should be sought in the actual wordings of the statute and
not in the opinions of any members of the legislative body. The purpose of the
interpretation would be to read the words in the context they have been used, and to give
such a meaning as they would reasonably bear, so that the object of the statute is better
achieved.

In K. Narasimhaiah v. H.G Singri Gowda (AIR 1966 SC 330), it has been observed that to
ascertain the intention, the Court has to examine carefully the object of the statute, the
consequences that may follow from insisting on a strict observance of the particular
provision and above all the general scheme of the other provisions of which it forms a
part.

2. TO REMOVE AMBIGUITY : The term ‘ambiguity’ means uncertainty. When a particular

word is said to be ambiguous, it means that such word bears doubtful sense or uncertain
meaning and it is open to more than one meaning. Unless there is ambiguity in the words
used in the language, the provisions should be read and understood in their grammatical
sense.

In case the words used in a language are capable of bearing more than one meaning,
there is reasonable possibility that the language is understood in two different senses. In
such a case, it would be legitimate for the Courts to to uphold the interpretation which
best promotes the purpose of the legislation and reject the interpretation, which will
introduce uncertainty, friction or confusion.

Keshavji Ravji and Co. v. CIT (1990) 2 SCC 231, it has been said that the need for
interpretation arises when the words used in the statute are on their own terms
ambivalent and do not manifest the intention of legislature.

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Pandian Chemicals Ltd. v. CIT (2003) 5 SCC 590 the SC held that the rules of
interpretation would come into play only if there is any doubt with regard to the express
language used. Where the words are unequivocal, there is no scope for importing any rule
of interpretation.

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MEANING OF CONSTRUCTION OF STATUTES

Construction is the process by which the meaning of an ambiguous provision of a statute,
written document or oral agreement is determined. It is said to be the drawing of
conclusions with respect to subjects that lie beyond the direct expression of the text
from the elements known from and given in the statute.

Cooley: construction is the process of drawing conclusions respecting subjects that lie
beyond the direct expression of text, which are in the spirit though not within the letter
of law.

Construction is usually made in cases of an unclear term in a statute that comes up in a

legal dispute. The judge in such a case examines the circumstances around the provision,
laws, other writings in order to conclude a meaning of such words. This does not mean
that words will be strained beyond their natural/customary meaning. Also if the language
is clear, no need for interpretation.

INTERPRETATION VS CONSTRUCTION
There are two schools of thought when it comes to the difference between interpretation
and construction-one that thinks both are different and other that thinks both are
synonyms.

According to Cooley, interpretation is the art of finding out the true sense of any form of
words; construction is the drawing of conclusions regarding subjects that are beyond the
direct expression of the text.

In Bloomer v Todd(1888), the House of Lords observed “ interpretation differs from

construction in this: interpretation is used for the purpose of ascertaining the true sense
of any form of words; while construction involves the drawing of conclusion regarding
subjects that are not always included in the direct expression”

Construction has wider scope than interpretation. Construction is the process by which
the meaning of an ambiguous provision of a statute is determined. Construction, in strict
sense, is the process by which the court assign the meaning to the ambiguous provision

which is beyond the letter of law for the purpose to resolve the inconsistency.

1. Interpretation lies within the letter of law as it depends upon the ‘spirit of the law’
while the construction does not lie within the letter of the law as it depends upon the
conclusion which lies in the spirit.

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2. Interpretation means the art of finding out the true sense of an enactment by giving the
words their natural and ordinary meaning whereas Construction means drawing
conclusions in the basis of the true spirit of the enactment.

3. Interpretation means the art of finding out the true intention of the legislature
whereas Construction helps in determining true purpose of statute.

Though these differences can be used in theory, in practice, separation of interpretation

and construction is not possible. Particularly in modern times, where statutes are enacted
after great deliberations- distinction between interpretation and construction is
practically non existent.

According to Michael Dias-it is difficult to distinguish between interpretation and

construction, since it is difficult to say where interpretation ends and construction begins.

According to Salmond- “- interpretation or construction means the process by which the

Court seeks to ascertain the meaning of the legislature through the medium of
authoritative forms in which it is expressed.” -showing he considered both the same.

PARTS OF A STATUTE AND THEIR RELEVANCE AS

INTERNAL AIDS OF INTERPRETATION
(note that this topic covers two topics in the syllabus-parts of a statute from module 1 and
internal aids from module 2. It is better for our understanding and ease to learn these topics
together. Please prepare as two separate 15 mark answers)

Introduction:

Aids of interpretation maybe external or internal. The ‘external’ can only be applied to
something which is outside. External sources of interpretation are the sources which
relate to the statute but are not within it.

Internal aids of interpretation means inward or interior. These aids are provisions or
parts of the same statute. While interpreting the statute with internal aids, Courts seek
assistance from various parts of the same statute to ascertain the true sense of an
ambiguous word. While referring to internal aids- the Courts do not look at anything
outside the statuite and assistance is sought only from internal parts such as title,
preamble, definitions, headings explanations etc-these are all internal/intrinsic aids of
interpretation.

The main parts of a statute/internal aids of interpretation are

1. TITLE

It is an important part of a statute. It is given on top of the Statute Book-there are two
kinds of title namely, Short Title and Long Title

a. SHORT TITLE

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The short title of an Act is for the purpose of reference & for its identification. It begins
with: This Act is called as.. and it ends with the year of passing of the Act.

Eg: Section 1. Short title.-This Act may be called the Transfer of Property Act, 1882.

Eg: Section 1. Short title- This Act may be called the Indian Contract Act, 1872.

AS AN AID TO INTERPRETATION - Short title is for the purpose of reference or

identification of the Act and not a very useful aid to construction. It cannot extend or
delimit the clear meaning of a particular provision. It may however be used as an aid to
determine the scope and purview of the Act. But it is not a conclusive aid.

b. LONG TITLE

It is given in the beginning of the Act. Gives a a fairly full description of the scope and
object of the Act. The Long Title of a Statute is an internal part of the statute and is
admissible as an aid to its construction as it gives the description about the object of an
Act. It usually begins with ‘An Act to’

Eg:The long title of the Criminal Procedure Code, 1973 is – “An Act to consolidate and
amend the law relating to criminal procedure”.

Eg:The Long Title of TP Act, 1882-An Act to amend the law relating to the Transfer of
Property by act of Parties.

AS AN AID - Long title of an Act is an important part of a statute and admissible aid to
construction. It can be referred to for the purpose of ascertaining the policy, scope and
purpose of the Act in case of ambiguity in the enacted parts. But it can only be used to
remove ambiguity and confusions and not for conclusively interpreting any provision of
the statute.

In Re Kerala Edication Bill 1959(1) SCR 995- The SC held that the policy and purpose of
an Act maybe deducted from the long title and preamble.

• In Poppat Lal Shah v. State of Madras AIR 1953 SC 274, the SC has held that the title
and preamble, whatever their value might be as aids to the construction of a statute,
undoubtedly throw light on the intent and design of the legislature and indicate the scope
and purpose of the legislation itself. The long title of Madras General was used to indicate
that the object of the statute is to impose taxes on sales that take place within the
province.

As per Justice Donovan, ‘The long title, is a legitimate aid to the construction. Where
there is something that is doubtful or ambiguous, the long title may be looked at to
resolve the doubt or ambiguity. But if the meaning of the provisions are clear and direct,
the long title cannot be employed to narrow down or restrict the meaning.”

Ie if there is a conflict between plain meaning of sections and long title- the provision will
prevail.

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Ward v Holuran (1964): Long Title suggested that the act deals with public meetings and
political meetings. But section 5 , in plain reading covers nuisance anywhere. Thus two
neighbours quarrelling in the highway can be covered under the Act. Long title cannot be
used to limit plain language of sections.

2. PREAMBLE

An Act starts with a preamble-generally small. The preamble of a statute is a statement at

its beginning, declaring the policy and purpose, the reasons and motives for, and objects
sought to be accomplished by the Act.

Preamble is a key to open the minds of the makers of the Act and the mischief, which they
intended to redress. Preamble is actually the Act in a nutshell.

E.g., Indian Contract Act- Preamble—WHEREAS it is expedient to define and amend

certain parts of the law relating to contracts;

AS AN AID- The preamble being a part of statute can be read along with other portions of
the Act to find out the meaning of words in the enacting provisions as also to decide
whether they are clear or ambiguous. Preamble need only be resorted to when there is an
ambiguity or doubt. When there is a conflict between the preamble and a section- the
section will prevail.

In Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, the SC considered in

detail the importance of the preamble as well as the scope of amending power of
Parliament under the Constitution of India. It was categorically held that preamble is the
part of the Constitution.

Sajjan Singh v State of Rajasthan 1965 SCR (1) 933 – Preamble represents the
philosophy, the ideals and the spirit of the statute. It has the stamp of deep deliberation
and is an epitome of broad features of the statute.

3. DEFINITION OR INTERPRETATION CLAUSE

Every statute contains interpretation clauses after introductory section. It is appended at

the beginning of an Act defining terms and phrases frequently appearing in the Act. The
object of the definition clauses is to avoid the necessity of frequent repetitions in
describing all the subject-matter to which the word or expression so defined is intended
to apply. Generally it is contained in sections 2 or 3 of Acts. Transfer of Property Act-Sec 3,
Indian Contract Act, Sec 2.

AS AN AID -

It is settled rule of interpretation of statutes that a word defined in the statute itself must
be construed in the sense assigned to it by the legislature.

Delhi Judicial Services v. State of Gujarat (1991) 4 SCC 406, Article 129 of the
Constitution of India provides that the SC shall be a Court of record and shall have all the
powers of such a court including the power to punish for contempt of itself. The SC has
held that its power to punish for contempt in Art. 129 is not confined to its own

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contempt. It extends to all Courts and tribunals subordinate to it in the country. The
words “including the power to punish for contempt of itself are not the words of
restriction and do not exhaust or exclude its jurisdiction as a court of record to punish for
the contempt of all subordinate courts”.

Definitions may begin with means, includes, means and includes, denotes and is deemed
to be. Each has to be interpreted differently. Where 'means’ is used it shows that the
definition enacted is a hard and fast and that no other meaning can be assigned to the
word. Such definition is prima facie restrictive and exhaustive.

The words 'include' or 'shall be deemed to include' are used when it is intended to
enlarge the meaning of the words or phrases defined.

When the definition is in the form of means and includes, this is exhaustive and there is
no scope to add anything more.

The use of the word 'denotes' shows that it is not a strict definition but only sought to
describe what the word might mean.

State of Bombay v Hospital Mazdoor Sabha AIR 1960 SC 610 Section 2(j) of the
Industrial Dispute Act, 1947 defines the word "industry" means any business, trade,
undertaking, manufacture or calling of employers and includes any calling, service,
employment, handicraft, or industrial occupation or avocation of workmen. It was
necessary for the Supreme Court to interpret the definition of industry widely drafted so
as to advance the object of the Act.

4. HEADINGS

Heading is to be regarded as giving the key to the interpretation and the heading may be
treated as preambles to the provisions following them. Headings maybe prefixed to a
single section or a set of sections.

Eg: in IPC, SectionS 76 to 106 deals with General Exceptions and in that Section 96 to
106 deals with ‘of the right of Private defence.’

Eg: Chapter IV of Indian Constitution deals with Fundamental Rights and in that Article
14 to 18 deals with Right to equality and Article 14 deals with Equality before Law and
Equal Protection of Law

AS AN AID -Maxwell stated that headings prefixed to Sections or set of Sections are
regarded as preamble to those Sections. It is a useful aid in case of doubts but cannot
control or restrict the clear and plain language of the sections. If however, there is any
ambiguity, the headings can be consulted.

Krishnaiah v State of AP AIR 2005 AP 10- it was held that the headings prefixed to
sections cannot control the plain language of the provisions. Only in the case of ambiguity
or doubt, headings or sub headings maybe referred to as an aid of construction.

5. SECTIONS

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Sections contain the principal or enacting part of a statute. Every section of a statute is a
substantive enactment in itself. Every section must be considered as whole and self
contained, with the inclusion of saving clauses and provisions.

6. EXPLANATIONS

Explanations are inserted whenever the legislature feels that a particular provision needs
explaining and it is essential to remove doubts which may arise in the absence of such
explanation. Eg: IPC-Sec 108 abettor- 5 explanations, IPC Sec 299-Culpable Homicide- 3
explanations, Contract Act Sec 17- fraud explanation.

AS AN AID - The purpose of attaching explanation clause is to give clarity or to remove

uncertainty.

State of Bombay v. United Motors AIR 1953 SC 252, held that an explanation should be
read with a view to harmonise and clear up the ambiguity in the main provision.

Bengal Immunity Co. v State of Bihar AIR 1955 SC 661, SC observed “ An explanation
appended to a section or clause gets incorporated into it and becomes its integral part,
and has no independent existence apart from it.

7. ILLUSTRATIONS

An illustration is a simple statement of facts to which the section is applied. Illustration

are appended to a section to make the situations of application clear.

Eg: Sec 425 IPC- Mischief

AS AN AID - An illustration to a Section has the purpose to illustrate the principle

enshrined in the statutory provision. It does not exhaust the full content of the Section
which it illustrates. It can neither limit nor expand its ambit. It is illustrative of the true
scope and ambit of a section.

It acts as a good guide to find the intention of the framers. They are valuable aids of
construction provided by the statute makers.

K C Sonrexa v State of UP AIR 1963 All 33- Illustrations are deliberately introduced in
certain enactments to guide the Courts in interpreting the words of the statute and they
are almost on the same level as the words of the statute. It is impossible to imagine that a
statute can be interpreted in conflict with an illustration given in it.

8. PROVISO

It is a clause appended to a provision in an Act making some condition, stipulation,

exception or limitation upon the operation of that provision. Generally begins with
“provided that”. The normal function : to exempt a case/situation which would
otherwise fall within the general language of the provision. It carves out a category to
which the main section does not apply.

Eg: Sec 54 CrPC- Medical examination of arrested person. Proviso- if arrested person is
female, female medical practitioner.

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AS AN AID

The role of a proviso is that it qualifies the generality of the main enactment by providing
an exception to it. It is applicable only when read together as whole with the section that
it is attached to. It has no standing in isolation.

A.G v Chelsia Waterworks Co. 94 ER 716 In case of conflict between main enactment and
proviso, proviso will prevail as it is the last and final intention of the legislature with
respect to that provision.

Hindustan Ideal Insurance Company Ltd. V Life Insurance Corporation of India AIR
1963 SC 1083- Where the main provision is clear its effect cannot be cut down by the
proviso. But where it is not clear, the proviso can be looked into to ascertain the meaning
and scope of the main provision.

9. EXCEPTION

Exception means an omission or leaving out. It exempts something that would otherwise
fall within the general purview of the Act. There is not much difference between a proviso
and an exception, they are similar to each other in so far as their effects are concerned.

Proviso vs exception: the exception operates to affirm the operation of the statute to all
cases not excepted and excludes any other exceptions not mentioned. Ie it exempts
something that would otherwise be part of the general section. A proviso is a clause
added to the enactment for the purpose of adding a qualification to the generality of the
main provision.

Eg: Sec 212 of IPC- harbouring offender is an offence. Exception- where harbour is given
by husband or wife- not an offence.

AS AN AID

An exception, being the later passage of an enactment prevails over the substantive
provision that it follows. Exceptions have to be strictly construed. An exception also
affirms that the things not exempted are covered under the main provision.

Collector of Customs v. Modi Rubber Ltd 1986 SCR (3) 587- Whenever there is a
provision in nature of exception to a principle clause, it must be construed with regard to
that principle clause.

[Link] NOTES

Marginal notes are the notes which are inserted at the side of the sections in an Act and
express the effect of the sections stated. Enables a reader at a glance to know through
them the drift of the Section. It is merely an abstract of the clause intended to furnish a
clue as to the meaning and purpose of the section.

AS AN AID – Maheswari Fish Seed Farm vs TN Electricity Board (2004) 4 SCC 705- A
marginal note being merely catchwords to a Section should not be looked into while
interpreting the language of the said Section , as that is noT part of the Section.

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The settled view of the law is that where the language is clear reference to marginal notes
cannot be made and the marginal notes cannot control the meaning of the words of the
Section. But a marginal note in case of an ambiguity can furnish a clue to the meaning and
purpose of the provision concerned.

Privy Council in Emperor v. Sadashiv AIR 1947 PC 82, held that marginal note is not an
operative part of the Section and there can be no justification for restricting the contents
of the Section by the marginal note.

[Link]-OBSTANTE CLAUSE

The expression non-obstante means “notwithstanding” or “without regard to”

Sometimes a Section commences with the clause stating that “notwithstanding anything
contained in this Act or any law for the time being in force…”

The idea here is to give overriding effect to the enacting part of the Section over the
provision mentioned in the non-obstante clause.

Eg: CRPC Sec 260-Summary trial- starts with “ Notwithstanding anything contained in
this Code __________ may try summarily the following offences _____________.

CPC Sec 56. Prohibition of arrest or detention of women in execution of decree for money.
- Notwithstanding anything in this Part, the Court shall not order the arrest or
detention in the civil prison of a woman in execution of a decree for the payment of
money.

12. SCHEDULES

Schedule literally means list, summary, index etc. A schedule is an appendix to an Act of
the legislature that contains a statement of details or taking the form of a detailed list.

The objective of the schedule is to make the provisions of the act less complex by
separating the legal part from its additional information and hence, also making it concise
and easy to comprehend.

Eg: 7th Schedule of the Constitution- 3 lists- Union, State and Concurrent

1st Schedule of CrPC- offences in IPC, punishment, whether bailable/non bailable,

whether cognizable non cognizable, by which court triable.

AS AN AID - Part of a statute

Schedule must be read together with statutory provision for the purpose of construction.

In case of conflict between the schedule and the enacting part of the statute, the enacting
part will prevail. (R v. Legal Aid Committee (1967) 2 QB 482)

[Link] CLAUSE

It is generally added in case of repeal and re-enactment of a new statute. • No new rights
are conferred, instead it saves certain rights which were given under the repealed
enactment. A saving clause is generally employed to restrict repealing Acts ie to prevent
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them from affecting rights already accrued, penalties incurred, duties imposed or
prpceedings already started under the previous statute.

Generally at the end of a statute- repeal and savings- at the end of CrPC, BNSS etc.

AS AN AID

These clauses are seldom used to construe the Acts.

Agricultural & Processed Food Products v. Union of India AIR 1996 SC 1947- saving
clauses have no role in the interpretation of Acts, they seldom give any help in the
construction of the provision except safeguarding the rights stated therein, otherwise
those rights would have been lost.

14. PUNCTUATION

Punctuation marks mean marks such as comma, full stop, colon, semi colon, question
mark etc. They have an importance in language and if ignored, it might change its
meaning. The modern view is that when a statute is carefully punctuated and there is
doubt about its meaning, a weight should undoubtedly be given to the punctuation.

AS AN AID

In England, before 1850, there were no punctuations in any manuscripts of Acts-tehrefore

Courts in England did not have any regard to them. In modern times as well, not much
importance is given to punctuations in England.

In India however, punctuation marks are to be carefully seen while construing a provision
since they can provide a good assistance in inferring the intention of the legislature.

Dadaji v Sukh Deo Babu AIR 1980 SC 150-Punctuation may be resorted for construction
and yet it is a minor element and cannot control the clear language of the statute.

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PRIMARY/BASIC RULES OF
INTERPRETATION OF STATUTES
GW. Paton in his "Text Book of Jurisprudence' states that "There are three fundamental
rules suggested in the English cases:

Firstly, the 'Literal Rule' that, if the meaning of a section is plain, it is to be applied
whatever the result;

Secondly, the 'Golden Rule' that the words should be given their ordinary sense
unless that would lead to some absurdity or inconsistency with the rest of the
instrument; and

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Thirdly, the 'Mischief Rule' which emphasizes the general policy of the Statute and
the evil at which it was directed."

LITERAL RULE OR GRAMMATICAL RULE OR PLAIN

MEANING RULE
It means that the words of a statute are to be given their ordinary and natural
meaning if such meaning is clear. In such a case effect should be given to the provisions
of the statute irrespective of the consequences.

The intention of the legislature is expressed by it through the words used in the statute.
The language of the statute is to be interpreted according to the rules of grammar. This is
considered as the safest rule of interpretation.

The court need not look into the consequences of such interpretation. The court is under
a duty to expound the law as it exists and leaves the remedy to the legislature if it results
in harsh conclusions.

Literal rule is what the law says and not what the law means. If the word is clear, it
must be applied, even though the intention of the legislation may have been different
or the result is harsh or undesirable.

The literal rule of interpretation is expressed in the following maxims.

a. A Verbis leges nonest residendum- from the words of the law there should not be any
departure.

b. Verbis standum ubi nulla ambiguitas- one must abide by the words when there is no
ambiguity.

So it is clear that when there is no absurdity or ambiguity in the words used in a

statute the courts of law should interpret it by giving plain literal meaning to the
words in the statute.

According to Lord Atkinson , “In the construction of statutes their words must be
interpreted in their ordinary grammatical sense unless there is something in the context
or in the object of the statute in which they occur or in the circumstances in which they
are used to show that they were used in a special sense different from their ordinary
grammatical sense.

Literal rule has within it some sub rules:

i. Ordinary Grammar rules to be used.

ii. Ordinary words to be given ordinary meaning.
iii. Technical words to be given technical meaning
Eg: Aswini Kumar Ghose v Arbinda Bose AIR 1952 SC 369 – The word ‘Practice’ in SC
Advocate Act 1951 has to be given the technical meaning of acting and pleading in a Court
on behalf of a litigator- and not the ordinary word meaning.

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 iv. Same words in Statute have same meaning.
v. Consequences are to be ignored.
vi. Every word to be given a meaning.
vii. Omission not to be inferred.
viii. Statute to be read as a whole.
ix. Strict meaning rather than loose meaning

CASE LAWS

1. Motipur Zamindar Co. v. State of Bihar 1962 AIR 660 - In the case, the issue before
the Court was whether sugarcane can be categorized as “green vegetables”, for
determining if it would be exempted from the Bihar Sales Tax Act, 1947. The Court used
Literal rule of interpretation and observed that the word “vegetable” was to be
understood as a common parlance that is denoting class of vegetable which were grown
in a kitchen garden or in a farm and were used for the table. Therefor sugarcane is not a
green vegetable.

2. Ranjit D Udeshi v. State of Maharastra AIR 1965 SC 881 - The appellant was
convicted under S.292 of Indian Penal Code for selling an obscene book titled “Lady
Chatterley’s Lover” the sale of which was banned by the Government of India. The
appellant contended before the Supreme Court that mens rea of the accused had always
to be proved to maintain conviction under criminal law. The Supreme Court held that
knowledge of obscenity/intention was not an essential element of the offence
under S.292 of Indian Penal Code. The section is plain and its meaning
unambiguous. The court must give natural meaning to the words. Conviction was
upheld.

DISADVANTAGES/DRAWBACKS

However, to place undue emphasis on the literal meaning of the words of a provision
is to assume an unattainable perfection in draftsmanship.

The rule, does not always achieve the obvious object and purpose of the statute.
Sometimes, application of literal rule may lead to injustice. This can undermine public
confidence in the law.

It can lead to absurdities and loopholes which can be exploited by an unmeritorious

litigant. Some examples are:

1. Whiteley v. Chappell 1868 LR 4 QB 147. In that case, a statute concerned with

electoral malpractice made it an offence to personate ‘ any person entitled to vote’
at an election. The defendant was accused of personating a deceased voter and the
court using the literal rule found that there was no offence. The personating was
not of a person entitled to vote. Dead people were not entitled to vote- no offence.
2. Allavi v Safia AIR 1993 Ker 21- applying the literal rule Balakrishnan. J observed
that the provisions of Muslim Women (Protection of Rights) on Divorce Act, 1986
does not specifically say that the divorced woman would not be entitled to claim
maintenance if she had been living in adultery. Therefore, applying the literal rule,
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 Court held it was not proper to refuse maintenance to divorced wife on the ground
that she is leading adulterous life. ie the adulterous life of such divorced wife does
not disentitle her to reliefs under the above Act. This decision has been criticised
though it is legally correct.
3. London and North Eastern Railway Co. v. Berriman, [(1946) 1 All.E.R 255] a
railway worker was killed while oiling a track; no sign board with words
'stopping man' had been provided. Under statute, compensation is provided on
death of workers 'replacing or relaying' track. The statute did not cover oiling
and so compensation was not given.

GOLDEN RULE OF INTERPRETATION

It is a modification of the literal rule of interpretation.

Golden Rule says “ordinarily court must find out intention of legislature from words
used in statute by giving them their natural meaning but if this leads to absurdity,
repugnance, inconvenience, hardship or injustice, courts must modify meaning to
such extent and no further as would prevent such consequence.”

However, if the precise words used are plain and unambiguous and give one meaning
only, the courts are bound to construe them in their ordinary sense.

The Golden Rule is based on Becke v Smith (1836) 2 M&W 195) ruling by Parke B.

20 years later Lord Wensleydale(Parke B’s new name) in Grey v. Pearson (1857) 6 HLC
61, finally settled the golden rule of construction in the following words: “In construing
wills and statutes and all written instruments, the grammatical and ordinary sense of
the words is to be adhered to, unless that would lead to some absurdity or some
repugnance or inconsistency with the rest of the instrument, in which case the
grammatical and ordinary sense of the words may be modified , so as to avoid that
absurdity and inconsistency, but no further”.

The term ‘Golden Rule’ originated in Matterson v Hart (1854) 23 LJCP 108 by Jervis C.J:
‘The Golden rule is to give the words used by the legislature their plain and natural
meaning, unless it is manifest from the scope and intention of the statute that injustice
and absurdity will result from so construing them’

A good example of the rule being applied:

Lee v. Knapp (1967) 2 Q.B. 442 - In this case, the interpretation of the word “stop” was
involved. Under Road Traffic Act, 1960, a person causing an accident “shall stop” after the
accident. In this case, the driver stopped after causing the accident and then drove off. It
was held that the literal interpretation of the word stop is absurd and that the
requirement under the act was not fulfilled because the driver did not stop for a
reasonable time so that interested parties can make inquiries from him about the
accident.

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Even when words have a clear meaning and there is no ambiguity, golden rule can be
used to avoid a result that is obnoxious to principles of public policy.

Bedford vs Bedford (1935) Ch 89- It concerned a case where a son murdered his mother
and committed suicide. The courts were required to rule on who then inherited the
estate, the mother’s family, or the son’s descendants. The mother had not made a will and
under the Administration of Justice Act 1925 her estate would be inherited by her next of
kin, i.e. her son. There was no ambiguity in the words of the Act, but the court was not
prepared to let the son who had murdered his mother benefit from his crime. It was held
that the literal rule should not apply and that the golden rule should be used to
prevent the repugnant situation of the son inheriting. The court held that if the son
inherits the estate that would amount to profiting from a crime and that would be
repugnant to the act.

Thus, the Golden rule implies that if a strict interpretation of a statute would lead to an
absurd result then the meaning of the words should be so construed so as to lead to the
avoidance of such absurdity.

A further corollary to this rule is that in case there are multiple constructions to affect the
Golden rule the one which favors the assessee should always be taken. This rule is also
known as the Rule of Reasonable Construction.

In India there are several good examples where the Supreme Court or High Courts have
applied the Golden Construction of Statutes.

Workmen of Dimakuchi Tea Estate v. Management AIR 1958 SC 353, the expression
“any person” used in Section 2(k) of the Industrial Dispute Act 1947, was interpreted in
the context of the Act. This provision reads thus- “Industrial Dispute” means any dispute
or difference between employees and employers, or between employers and workmen ,
or between workmen and workman, which is connected with the employment or with the
terms of employment or with conditions or labour of ‘any person’. The expression ‘any
person’ was construed having regard to the scheme and object of the Act. ‘Any person’ has
to be someone who has direct and substantial interest in the industrial dispute. A
stranger cannot proceed with an industrial dispute.

Uttar Pradesh Bhoodan Yagna Samiti v Brij Kishore (1988) 4 SCC 274- the SC held that
the expression ‘landless person’ used in Sec 14 of UP Bhoodan Yagna Act, 1953 which
made provision for grant of land to landless persons, was limited to ‘Landless laborers’.
Court held ‘any landless person’ did not include a landless businessman residing in a city
or such other landless men. A landless labour is he who is engaged in agriculture but
having no agricultural land.

MISCHIEF RULE OF INTERPRETATION

The Mischief Rule is narrower application than the golden rule or the plain meaning rule,
in that it can only be used to interpret a statute was passed to remedy a defect in the

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common law. The application of the Mischief Rule gives the Judge more discretion than
the literal and the golden rule as it allows him to effectively decide on Parliament's intent

Meaning of Mischief Rule

The Mischief Rule of construction is "that Courts must adopt that construction which
shall suppress the mischief and advance the remedy" by looking to what the law was
before the statute was passed in order to discover what gap or mischief the statute
was intended to cover. '

mischief- the unsatisfactory state of affairs which legislature intended to remedy by the
Act.

The Courts should identify the mischief which existed before passing of the statute and
then, if more than one construction is possible, favour that which will eliminate the
mischief so identified. To find the mischief, Courts may take the assistance of counsels,
refer all materials connected with the statute, such as press, agitation, comments of legal
experts, journals, debates on the floor of Parliament, Law Commissioner Reports etc.

Thus the main aim of the mischief rule is to determine the 'mischief and defect' that the
statute in question has set out to remedy, and what ruling would effectively implement
this remedy.

Heydon's Rule

The Mischief Rule was first laid down in Re Heydon's case in 1584(76 ER 637]. In this
case a college management gave certain lands to W and his son for their lives, and after
them to S and G. To prevent such unregistered long term life estates, the England
Parliament enacted an Act by which the properties of the college were taken away by
Crown and also the previous leases and instruments were cancelled. This was challenged
in the Court. The Court took the guidance of mischief rule of interpretation and upheld
the Statute-31 and also the act of the Crown. The object of the Parliament was to protect
the properties of ecclesiastical and religious institutions. The Statute-31 provided the
remedy to protect with that object.

In Heydon's case, the Court ruled that there were four points to be taken into
consideration when interpreting a Statute.

Ist: What the Common Law before the Act?

2nd: What was the mischief and defect for which the Common Law did not provide?

3rd: What remedy the Act has provided?

4th what is the true reason of the remedy?

IMPORTANT CASE LAWS

Smith v. Hughes [1960] 1 WLR 830- under the Street Offences Act 1959, it was a crime
for prostitutes to "loiter or solicit in the street for the purposes of prostitution". The
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defendants were calling to men in the street from balconies and tapping on windows.
They claimed they were not guilty as they were not in the "street." The judge applied
the mischief rule to come to the conclusion that they were guilty as the intention of the
Act was to cover the mischief of harassment from prostitutes.

Corkery v Carpenter [1951] 1 KB 102 -According to S.12 of the Licensing Act 1872, a
person found drunk in charge of a carriage on the highway can be arrested without a
warrant. A man was arrested drunk in charge of a bicycle. According to the plain meaning
rule a bike is not a carriage. Under the Mischief rule the bicycle could constitute a
carriage. The mischief the act was attempting to remedy was that of people being on the
road on transport while drunk. Therefore a bicycle could be classified as a carriage as the
defendant represented a danger to himself and other road users.

Royal College of Nursing v Departmemt of Health and Social Security (DHSS) [1981] 2
WLR 279- the RCN challenged the involvement of nurses in abortions. Under the normal
criminal law of UK(of 1861), it is an offence for anyone to carry out an abortion. However,
the Abortion Act, 1967 claims an absolute defence for medically registered practitioners
to carry out abortions. Hormonal abortions are commonly administered by nurses. The
Mischief Rule was used to interpret that the statute of 1861 was trying to combat
backstreet abortions and therefore nurses fall within the 1967 Abortion Act.

INDIAN CASES

Mangoo Singh v. Election tribunal, AIR 1957 SC 871

The appellant at the time of filing nominations was in arrears in payment of municipal
taxes in excess of 1 years demand. He, however, paid the taxes before the date of poll and
was elected. His election was set aside on the ground that under U.P. Municipalities Act,
1916, a person shall be disqualified for being a member of the Municipal Board if he is in
arrears in the payment of municipal tax or other dues in excess of 1 years demand. Act
also provided that disqualification shall cease as soon as the arrears are paid. The SC
rejected his contention that he was qualified to be elected on the date of elections. It held
that relevant date was the date of nomination. A disqualification which subsisted on the
date of the nomination cannot cease to subsist on that day by reason of a subsequent
payment of the arrears of Municipal tax. Such was not the intention of the legislature.

Bengal immunity co. v State of Bihar AIR 1955 SC 661

The appellant company is an incorporated company carrying on the business of

manufacturing and selling various vaccines, biological products and medicines. Its
registered head office is at Calcutta and its laboratory and factory are in West Bengal. It is
registered as a dealer under the Bengal Finance (Sales Tax) Act. The goods are dispatched
from Calcutta to various places in India and abroad by rail, steamer or air against orders
accepted by the appellant company in Calcutta. The appellant company has neither any
agent or manager in Bihar nor any office, godown or laboratory in that State. Yet,
Assistant Superintendent of Commercial Taxes, Bihar demanded Bengal Immunity Co. to
deposit Bihar Sales Tax dues or else face legal action. Art 286 was looked into by the SC.
It was decided that Bihar Sales Tax Act, 1947 in so far as it purports to tax sales or
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purchases that take place in the course of inter-State trade or commerce, is
unconstitutional, illegal and void. SC held that until Parliament by law provides
otherwise, the State of Bihar do forbear and abstain from imposing sales tax on out-of-
state dealers in respect of sales or purchases that have taken place in the course of inter-
State trade or commerce even though the goods have been delivered for consumption in
Bihar.

R.M.D. Chamarbaugwala v. Union of India [AIR 1957 SC 628]

The Parliament enacted the Prize Competitions Act, 1955. The petitioner contended that
the provisions laid down in the Act encroached upon the fundamental rights to carry on
business guaranteed by Article 19(1)(g). Moreover, S.2(d) that defined Prize Competition
not only included Competitions in which success rate was depended upon chance but also
those that depended upon substantial degree of skill. They contented that the impugned
law constituted a single, inseverable enactment-must be struck down. The Supreme Court
held that S. 2(d) should be construed keeping in mind the historical background of
the Act and the mischief it intends to suppress. It is clear that the legislation was
enacted to regulate and control prize competitions of gambling nature. Therefore,
the competitions which were intended to be controlled and regulated under the Act were
only those in which success does not depend upon any substantial degree of skill.

Advantages and Disadvantages Of Mischief Rule

Advantages:

1) It is a far more satisfactory way of interpreting acts as opposed to the Golden or Literal
rules.

2) It usually avoids unjust or absurd results in sentencing and closes loopholes

3) Allows the law to develop and adapt to changing needs

Disadvantages:

1) It is seen to be out of date as it has been in use since the 16th century, when common
law was the primary source of law and parliamentary supremacy was not established.

2) It gives too much power to the unelected judiciary.

3) Gives judges a law making role infringing the separation of powers and Judges can
bring their own views, sense of morality and prejudices to a case

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