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Interpretation of Statutes Project
Interpretation of Statutes Project
Xi trimester
Project on
Interpretation of remedial
and remedial
statutes
submitted by
:-
Nancy soni
2012
ba llb 22
STATEMENT of object
This project studies remedial and penal statutes and their interpretation
whether liberal or strict interpretation. This project also studies the purposive
approach adopted in interpreting the penal statutes with respect to certain
case-laws
Introduction
REMEDIAL STATUTES
construction should be preferred which furthers the policy of the Act and is
more beneficial to those in whose interest the Act may have been passed.
The liberal construction must flow from the language used and the rule does
not permit placing of an unnatural interpretation on the words contained in
the enactment nor does it permit the raising of any presumption that
protection of widest amplitude must be deemed to have been conferred
upon those for whose benefit the legislation may have been enacted. In case
there is any exception in the beneficial legislation which curtails its
operation, the Court in case of doubt should construe it narrowly so as not to
unduly expand the area or scope of exception. It has been held that a law
enacted essentially to benefit a class of persons considered to be oppressed
may be comprehensive in the sense that to some extent it also benefits
those not within that class, for example, tenants and landlords.
PENAL STATUTES
(i)
Rates (Control) Act 1947 was construed. This section provided that
if any landlord receives any fine, premium or other like sum or
deposit or any consideration other than the standard rent in respect
of the grant, renewal or continuance of a lease of any premise, such
landlord shall be punished. It was held by the Supreme Court that
the section did not prohibit the taking of money by owner of an
incomplete building in consideration.
CONCLUSION
Maxwell identifies four aspects of the rule that penal statutes must be strictly
construed:
1. the requirement of express language for the creation of an offence;
2. strict interpretation of the words setting out an offence;
3. fulfilment to the letter of statutory conditions precedent to the infliction of
punishment;
4. strict observance of technical provisions concerning criminal procedure
and jurisdiction. As per these rules and my own understanding A statute may
in certain aspects be a penal enactment and in certain others a remedial
one. In respect of those provisions which are sanctioned on the pain of
punishment for a crime the rule of strict construction in the limited sense
may be applied. At any rate, as undue effort to construe such a provision
liberally to promote the beneficent purpose behind it may be effectively
counter balanced on consideration that a breach thereof leads to penal
consequences.
Bibliography
http://lexquest.in/a-glimpse-on-remedial-and-penal-statutes/
http://www.legalservicesindia.com/article/article/remedial-and-penalstatutes-1470-1.html