OTM Law May 2023

Interpretation Of statues
Join KUNAL Sir’s Telegram Channel
on UNACADEMY

Telegram Channel
Need for Interpretation (AUDI)
• To remove ambiguities: Although in modern times the statutes are drafted by
legal experts, yet they are expressed in a language and no language is perfect.
The English language is not an instrument of mathematical precision. The courts
have to resort to interpretation to remove ambiguities in the language.
• To understand intent of the legislature: A statute is made by legislator and
many times the intent of the legislature is derived not only from the language
but also the surrounding circumstances that prevailed at the time when that
particular law was enacted.
• Different situations and facts: In the words of Denning L.J., 'it is not within
human powers to foresee the manifold set of facts which may arise in the
future; and that, even if it were, it is not possible to provide for them in the
statute in terms free from all ambiguity'.
• Multiple interpretations: If any provision of the statute is open to two
interpretations, the court has to choose that interpretation which represents the
true intention of the legislature.
 Some Legal Terms
1. Statute:
✓ Law / Act
✓Includes ordinance, orders, bye-laws, rules, regulations, notifications.
✓'a statute is a will of legislature conveyed in the form of text'.
2. Instrument:
✓ Formal legal Document which creates a Right or Record
✓Includes Agreement, Deed, Charter, Record.
3. Deed:
Instrument in writing

Purporting

To effect some legal disposition

NOTE: all deeds are instrument but all instruments are not deeds
 Rules of Interpretation
Primary Rule Secondary Rule

Rule of 1. Noscitur a sociis

1. Literal Construction 2. Contemporanea Expositia
2. Reasonable Construction
3. Harmonious Construction
4. Beneficial Construction
5. Exceptional Construction
6. Ejusdem Generis
7. Mischief Rule
 Shortcut to Remember
ROMAN → HD
R Rule → Which rule
O Other Imp Pts.
M Meaning
A Applicable
N Not applicable
H How to apply
D Draftsman
 Rule of Literal / Grammatical Interpretation
(i) R → Rule ➢Primary and Cardinal rule
➢Entry gate of every interpretation
(ii) Meaning → Interpret literally & grammatically

Giving words their

Ordinary and natural meaning
(iii) Applicable ➢Language → Plain, simple, unambiguous, only 1 meaning

(iv) Not - ➢If words or law creates Ambiguity, unreasonable or absurd results,
defeats intention of law is defeated. in consistency, in
Applicable completeness,

(v) H → How 1. Follow rules of grammar

2. No word to be added or deleted
 Rule of Literal / Grammatical Interpretation
(vi) D → Draftsman ➢Perfect (Assumption)

(vii) Other Imp Pts → i. Absoluta sententia expositore non indigent


If plain words capable of only one interpretation, no
explanation required

ii. If two interpretation – Narrower & Broader → use
narrower if broader fails to serve purpose
 Case 3
Section It is an offence to be found in vicinity of a
prohibited place.

Situation Defendant was Actually in the prohibited

place instead of vicinity

Option 1) Guilty
2) No Guilty
 Case 3
Rule : Golden Rule

As per this rule if ordinary meaning gives absurd

results it can be disregarded

Solution Here literal rule will not be applicable.

As per Golden Rule, ordinary meaning shall be disregarded.
Hence vicinity will include prohibited place also and hence
person was guilty.
 Rule of Reasonable / Logical Interpretation/Golden Rule
(i) Rule ➢Primary
(ii) Meaning → If legislature fails to give intended results

Give sensible meaning to it
(iii) Applicable Words / Provisions

➢If words or law creates Ambiguity, unreasonable or absurd results, defeats intention of law is
defeated. in consistency, in completeness,
(iv) Not - Applicable ➢ Language is plain simple, unambiguous and has only 1 meaning and give
intended results.
(v) How to apply If absurdity , adopt construction

Apply Interpretation which was the intent of the legislator

(vi) Draftsman Faulty

Maxim → Utres magis valeat Quam pareat
(vii) Other Imp Pts.

It is better to have effect then to be made void
 Example 1
Law 1 → Minor cannot enter into contract
Law 2 → Contract for benefit of minor is valid

If follow law no. 1 then it deceive law no. 2 and vice versa

What to do ???

Harmonize

Although Agreement with minor is void-ab-initio but agreement for
benefit of minor is valid.
 Rule of Harmonious Construction
(i) Rule ➢Primary
When there is conflict between two or more provisions
(ii) Meaning →

Harmonize it to give effect to all provisions
Where there is conflict between .
(iii) Applicable 
i. Two statutes of same law
ii. Two statutes of different laws
iii. Conflict between previous and new law
(iv) Not - Applicable Where there is no conflict between statutes

(v) How to apply i. Harmonize and give effect to both

ii. Still not possible, amended, later act should prevail
iii. Specific rule to over-ride general rule
(vi) Draftsman Faulty (Assumption)

(vii) Other Imp Pts. Statute should give clear reference of over riding provisions by using words. Subject
to, notwithstanding, without prejudice. i.e uswe non obstante – superior clause
 Mischief Rule / Heydon’s Rule /Beneficial
(i) Rule ➢Primary
Where statute does not give intended result
(ii) Meaning →

Words in statute may be extended to give intended meaning
i. Where actual law is different but intention of lawmaker is different
(iii) Applicable ii. Extended meaning reqd.
iii. Ambiguous words
(iv) Not - Applicable ➢ Language is plain simple, unambiguous and has only 1 meaning and give
intended results.

(v) How to apply • Court shall consider:

a) What was the earlier law ?
b) What was the mischief ?
Then suppress mischief &
advance remedy
c) What is the remedy ?
d) Reason for the remedy.

(vi) Draftsman Faulty (Assumption)

(vii) Other Imp Pts.
 Rule of Exceptional Construction
(i) Rule ➢Primary
Where statute does not give intended result
(ii) Meaning →

Words in statute may be eliminated/replaced to give sensible meaning
Where application of words like or , and , may , shall are not giving intended results
(iii) Applicable
(iv) Not - Applicable ➢ Language is plain simple, unambiguous and has only 1 meaning and give
intended results.
(v) How to apply Replace ‘May’ with ‘shall’ should be treated as compulsory, and
‘And’ with ‘or’ to give desired results

(vi) Draftsman Faulty (Assumption)

(vii) Other Imp Pts.
 Case 1
Section Car, Truck, Tractor & Other motor powered
vehicle

Situation Motor Powered vehicle means

Option 1) Aeroplane
2) Ship
3) Scooter
4) Rickshaw
 Case 1
Rule : Rule of Ejusdem Generis

It means of same kind

If general words are used after specific words general
word defines it’s meaning from specific words

Conclusion Scooter
E.g. : Cat , Dog and other animals
Other animal = Means other domesticated animal
 Rule of Ejusdem Generis
Series of words forming particular class, or category
are used & then general word follow them

In such case general words should be construed with
reference to the previous words & accordingly
meaning should be derived
 Noscitur ASocii

derivation from associates

Plant & Machinery Plant & Trees

 Noscitur A Sociis
(i) Rule ➢Secondary
‘Word is known by its associates’
(ii) Meaning → 
The meaning of a word is derived from the words found in immediate
connection.
When some articles are grouped together, each word in the entry
(iii) Applicable
draws color from the other words therein.

(iv) Not - Applicable ➢It cannot be applied where the meaning of the words was
deliberately used in order to make the scope wider.
(v) How to apply • If , 2 or more specific words and One ambiguous specific
word
• Such ambiguous specific word to derive its meaning from
other specific word
Effect of usage and customs

● The Latin maxim of 'Optima legum interpres est consuetude' which

means that the best interpreter of laws is custom, has been recognised
as one of the oldest principle in construing statutes.
● The Apex Court also confirmed another maxim Contemporanea
expositio est optima et fortissinia in lege' meaning 'the best way to
construe a document is to read it as it would have been read when
made'. The rule is that a statute must be considered in the light of all
circumstances existing at the time of its enactment. [Desh Bandhu
Gupta v. Delhi Stock Exchange Asson. Ltd. — (SC) 1979]
 Aid to Interpretations

Internal Aid External Aid

1. Long title
1. History
2. Preamble
3. Heading & chapter name 2. Consolidating Statutes
4. Definitions & Previous laws
5. Illustrations 3. Usage
6. Proviso 4. Earlier Act / later act.
7. Explanations
5. Dictionary definition
8. Schedule
9. Marginal notes 6. Court decisions
10. Act as a whole
 Internal Aids
1) Long/short title • Short title – identifies enactment & used for convenience – not aid
• Long title – describes enactment and used to ascertain object ,general scope
and purpose

2) Preamble • Express more comprehensively scope, object and purpose than long title.
• Preamble discloses primary intention of legislature but can only be used as
aid if statute is not clear

3) Headings/ title Used for interpretation of sections included

of chapter in it.

4) Definitions When definition is included, interpreter uses

definition meaning and not ordinary meaning
5) Illustrations Good guide to find intention of draftman but is not
(Examples) part of section , so cannot modify /curtail section
Preamble - Example
• The preamble of the Hindu Marriage Act, 1955 reads, 'An Act to
amend and codify the law relating to marriage among Hindus'.
Section 5 of the Act reads, 'A marriage may be solemnised between
any two Hindus...'. A question arose that whether use of the word
'may' in Section 5 of the Act can be construed mandatory in the sense
that both parties to the marriage must be Hindus. The court having
regard to, inter alia, preamble of the Act held that a marriage
between a Christian male and a Hindu female solemnised under the
Hindu Marriage Act was void. [Gullipoli Sowria Raj v. Bandaru Pavani
— (SC) 2009]
 Internal Aids
6) Proviso • It is not rule but exception to main provision to carve out qualification
to main provision which is too general
• Starts with Provided that , to exclude something or limit applicability

7) Explanation An internal aid that may be added to include something within the
section or to exclude something from it
Normally used to clear ambiguity
8) Schedule • A list , a format ,Form part of Act
• Read together with Act for construction
• If conflict between enactment or schedule,
then Act prevail

9) Marginal notes Normally cannot be used for construction except in

exceptional cases .

10) Act as a whole Act must be readed as whole in order to ascertain true
meaning of several clauses for proper harmonisation
 Proviso vs. Exception and Saving Clauses
• 'Exception' is intended to restrain the enacting clause
to particular cases i.e reverse effect to the section e.g
sec 149 – total 15 directors – except by passing S.R
• 'Proviso' is used to remove special cases from the
general enactment and provide for them specially
(provided that ) sec 188- RPt- B.R→ N.A to Arm,s
length transaction
• 'Saving clause' is used to preserve provision of other
sections in statute e.g MOA – alteration – S.R save as
sec 61
Non-Obstante Clause – Superior Clause
• Nothwithstanding anything contained in the act
• Giving overriding effect
• In dispute with other sections – this clause will prevail m
 External aids
1) History Helps in understanding subject matter object and scope of
law.

2) Consolidating May solve doubtful points in statute for intention

statutes & Previous law

3) Usage In case of doubt, usage helps to create

understanding
4) Earlier law/ later If there are 2 different act in each cases, various rules of
law/ Analogous law interpretation can be used to know exact interpretation.

5) Dictionary Useful where word is not defined in act.

definition
6) Court decision Used for construction of our own law
However prime importance given to Indian statutes
Join KUNAL Sir’s Telegram
Channel on UNACADEMY
Telegram Channel
Thank You
Use Code: KUNAL
to get 10% Discount