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    Interpreation of Statutes

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    Kundan Hawale
    The document discusses different approaches to interpreting statutes including literal construction, beneficial construction, and restrictive construction. It also discusses statutory offenses and the role of mens rea in interpreting violations of statutes.

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    © All Rights Reserved
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    Interpreation of Statutes

    Uploaded by

    Kundan Hawale
    6 views2 pages
    The document discusses different approaches to interpreting statutes including literal construction, beneficial construction, and restrictive construction. It also discusses statutory offenses and the role of mens rea in interpreting violations of statutes.

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    Fundamentals principal of interpretation of statutes

    Original Title

    Interpreation Of Statutes

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    The document discusses different approaches to interpreting statutes including literal construction, beneficial construction, and restrictive construction. It also discusses statutory offenses and the role of mens rea in interpreting violations of statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6 views2 pages

    Interpreation of Statutes

    Uploaded by

    Kundan Hawale
    The document discusses different approaches to interpreting statutes including literal construction, beneficial construction, and restrictive construction. It also discusses statutory offenses and the role of mens rea in interpreting violations of statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    UNIT 1

    Literal Construction
     The rule of literal construction is a basic principle of statutory interpretation
    that requires a court to interpret the words of a statute according to their plain
    and ordinary meaning, without adding or subtracting anything from the text.
     In other words, the rule of literal construction requires that the words of a
    statute be interpreted exactly as they appear on the page, without adding any
    additional meanings or context.
     This approach assumes that the lawmakers who drafted the statute intended
    for the words to be interpreted as they are written, and that the plain meaning
    of the words is the best indication of their intended meaning.
     However, the rule of literal construction is not always the only or most
    appropriate method of interpretation, and in some cases, it can lead to absurd
    or unjust outcomes.
     This construction is procedure oriented rule, and this construction is assume
    the law makers intention.

    UNIT- 2
    Beneficial Construction
     Liberal or beneficial construction means the interpretation should be made
    liberally with intention to advance the purpose or object of the statute.
     It refers to interpreting laws in a way that promotes justice, fairness and the
    legislative intent behind those laws.
     It gives multiple possibilities to the interpretation of statutes. It has wider scope
    interpretation of statutes.
     It has also preferred to the intention of the judiciary.
     This approach aims to achieve a just and equitable outcome, even if it requires
    some flexibility in interpretation of statutes.
     It is refers to the golden and mischief rule of interpretation of statutes.

    Restrictive Construction
     Strict construction means each of the words in statutes should be interpreted
    by letter and no regard should be had to the spirit beyond the statutes.
     A restrictive construction in the interpretation of statutes refers to a judicial
    approach where courts interpret laws narrowly, limiting their scope and
    application.
     It has narrow scope interpretation of statutes.
     It has also preferred to the intention of the law makers.
     This approach aims to procedure established by law.
     It is refers to the literal or grammatical rule of interpretation of statutes.

    Mens rea in statutory offences


    Statutory Offence
     An offence is basically a violation of law. In legal parlance, the word “offence” is
    generally construed as a criminal wrong. Hence, offence means a wrong in
    penal law. The Code of Criminal Procedure, 1973 defines “offence” as “any act
    or omission made punishable by any law.
     These offences were as follows :-
    1. Offences calculated to prevent or obstruct the economic development of the
    country and endanger its economic health
    2. Evasion and avoidance of taxes lawfully imposed
    3. Misuse of position by public servants in making of contracts and disposal of
    public property, issue of licences and permits and similar other matters
    4. Delivery by individuals and industrial and commercial undertaking of goods
    not in accordance with agreed specifications in fulfillment of contracts
    entered into with public authorities
    5. Profiteering, black-marketing and hoarding
    6. Adulteration of foodstuffs and drugs
    7. Theft and misappropriation of public property and funds
    8. Trafficking in licenses, permits, etc.
    These crimes are very important for the society and protect public
    interest. Hence, the offences falling under this class are known as “Public
    Welfare Offence
     Mens rea is guilty mind or guilty intention in the statutory offence hence
    whenever the any publics servants or any citizen committed offence which
    against the public good. And such offence is violation of any statute
     That time judiciary interpreting the violation statutes that time check the mens
    rea or guilty intention.

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