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INTERPRETATION OF STATUES

IMPORTANT QUESTIONS:
L.A.Q’S:
1. HARMONIUS CONSTRUCTION?
2. GOLDEN RULE OF INTERPRETATION?
3. INTERNAL & EXTERNAL AIDS TO CONSTRUCTION &
INTERPRETATION?
4. SALIENT FEATURES & SCOPE OF GENERAL CLAUSE ACT 1897
AND EXPLAIN GENERAL RULE OF CONSTRUCTION?
5. DEFINE CONSTRUCTION? TYPES OF CONSTRUCTION [SPECIAL
REFERENCE TO CONSTRUCTION OF PENAL STATUTE]?
S.A.Q’S:
1. INTERPRETATION OF STATUES?
2. PREAMBLE?
3. MISCHEIF RULE?
4. MEANING AND DEFINITION OF STATUTE? TYPES OF STATUES
& CLASSIFICATION OF STATUES?
5. MEANING & TYPES OF INTERPRETATION?
6. EFFECT OF REPEAL?
7. EJUSDEM GENERIS?

SUMAIYA MEHMOOD 1
L.A.Q’S:
1.Harmonious construction?
Ans: MEANING: When there is a conflict between two or more
statutes and if two or more than two provisions of the same act are
inconsistent with each other then it must be interpreted in such a
manner that effect should be given to both
In the case in which it shall be impossible to harmonize both the
provisions the court’s decision regarding the provision shall prevail
Following are the rules relating to harmonious construction:
 There should be enforcement of all rules of grammar in
framing the section such as comma, full stop, and use of legal
terms
 All legal principles to be followed
 If necessary, sub section clauses to be added
 There should be co-ordination and sequence in sections
 There should not be overlapping in the sections
OBJECT: The object of harmonious construction is to avoid a
conflict between two enacting provision of the statute as far as
possible and to construe the provision in a way so that they
harmonize
Principles of rule of Harmonious construction
In the land mark case of CIT v. Hindustan Bulk Carriers (2003) the
supreme court laid down five principles of rule of harmonious
construction:
1. the courts must avoid a head-on clash of seemingly
contradicting provisions and they must construe the
contradictory provisions.

SUMAIYA MEHMOOD 2
2. the provision of one section cannot be used to defeat the
provision contained in another unless the court, despite all its
efforts, is unable to find a way to reconcile their differences
3. when it is impossible to completely reconcile the differences
in contradictory provisions, the courts must interpret them in
such a way so that effect is given both the provisions as much
as possible.
4. courts must also keep in mind that interpretation that reduces
one provisions to useless number or dead is not harmonious
construction.
5. to harmonize is not to destroy any statutory provision or to
render it fruitless.
CASE LAW: SHANKARI PRASAD VS. UNION OF INDIA:
 The main controversy was whether article 13[2] of the
constitution created a limitation on the power of parliament
to amend the fundamental rights since Article 368 did not
provide any exception
 The Supreme court held that the constitution including
fundamental rights can be amended but parliament cannot
take away or abridge the fundamental rights by exercise it
legislative authority
2.Golden rule of Interpretation?
Ans. Golden Rule has an important place in the Interpretation of
Statutes. It is such a rule which disposes of ambiguity,
inconsistency, unclarity, hardship, inconvenience, injustice, etc.
arose from the language of Statute while interpreting it.
 It is a Universal Principle of Interpretation that the words of
statutes should be given meaning according to the intention
of the legislature and its intention could be known from the
literal or grammatical interpretation of the language used.

SUMAIYA MEHMOOD 3
But, when it is not so possible and there is a danger of
inconvenience, hardship, injustice, inconsistency, unclarity,
ambiguity, and irrelevancy from such interpretation shall be
done to avoid this danger. This is called the Golden Rule of
Interpretation.
 It could be said in simple words that- Certain reforms in
unclear and ambiguous words so, that the intentions of the
legislature are given a form, is called Golden Rule of
Interpretation.
CASE LAW:
BELARPUR INDUSTRIES VS. UNION OF INDIA (A.I.R. 1997, DELHI)
– Delhi Court Stated that the language used in the statute should
firstly have literal or grammatical interpretation to materialize the
intention of the Legislature. But, if difficulties are arising in doing
so. The circumstances prevailing at the time of making the statute
should be considered to remove those difficulties. This is the
Golden Rule of Interpretation.
3.Internal & external aids to construction & interpretation?
Ans. An ‘Aid’ is a device that helps or assists. While performing the
function of interpreting provision of a statute, the court can take
help from within the statute or even outside the statute. The
former is called ‘internal aids’ and the latter is called ‘external aids’.
 The internal aids include title, preamble, headings, marginal
notes, illustrations, punctuations, proviso, definition or
interpretation clauses, explanations, schedules
Title:
 The role of the title is to give some description of the act. It
can further be divided into two parts
1.Short Title:

SUMAIYA MEHMOOD 4
 It generally does have any role to play in the interpretation
and noting can be ascertained from it. It only gives us the
name of the act and nothing else. For e.g. The Transfer of
Property Act, 1882, Code of Criminal Procedure, 1973 etc.
2. Long Title:
 It can some use in case where there is the confusion in the
meaning of the statute. It tells us about the general object for
which the act has been enacted more like preamble only.
 For e.g. The Transfer of Property Act, 1882 has a long title
saying that- “An Act to amend the law relating the Transfer of
Property by act of parties”.
Preamble:
 The preamble is very useful aid to interpretation as it tells us
about the true intention of the legislature for which the act
was enactment. It roles comes into play in case where the
meaning of the enactment is not clear and more than one
meaning is formed but not otherwise.
 It doesn’t extend the scope of an enactment nor does it
restrict it. Courts in the past had taken help from the
preamble for interpretation however its role has decreased in
the recent times
Headings:
 Heading are put up at the start of the group of sections relating
to a particular offence or procedure. Each chapter in an act
consists if its own heading which act as a preamble to it
Marginal Notes:
 They are inserted generally at the side of the sections and
have no useful role to play interpretation. Most of the time it
have been seen that they have not made by the people who
have enacted the provision and are added in the subsequent

SUMAIYA MEHMOOD 5
stages by other people other than legislators. Courts have
refrained from using them for interpretation
Illustrations:
 Illustrations are generally given in the form of examples
including situations that occur in real life. They do not form
the part of an enactment but still they are very useful aid to
interpretation. They can help us in understanding the real
meaning of an enactment in case where there is some
uncertainty
Punctuations:
 It doesn’t have much of a role to play in the interpretation
and is not taken as useful tool to ascertain the meaning of an
enactment. The role played by it is to separate the sentences
and nothing else.
Provisos:
 It only excludes the things from the particular section or
provision which would otherwise would have been included
in it. It has no other role to play neither it extends the
meaning or scope of the section. It is restricted only to the
section to which it is part and cannot have effect on other
provisions.
 For e.g.- Section 55 of The Code of Civil procedure, 1908 tells
about arrest and detention but has some proviso to it such as
no arrest can take place after sunset or before sunrise, no out
door of dwelling house should be broken etc.
Definition or Interpretation Clauses:
 Definition or interpretation clauses are generally included in a
statute with the purpose of extending the natural meaning of
some words as per the definition given or to interpret such

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words, the meanings of which are not clear, by assigning them
the meaning given in the definition clause.
Explanations:
 Explanations are added to sections so that they can clarify the
meaning of certain words in which uncertainty may arise in
future. They do not extend the scope of the section to which it
is attached and is restricted to that section only to which it is
part. They do not have much role in interpretation and only
clarify the provision
Schedules:
 It helps in the working of an enactment properly and it forms
the part of the enactment. When meaning of an enactment is
not clear help can be taken from it to ascertain the meaning

External Aid to Interpretation


 The role of external aids to interpretation comes into play in
case where internal aid fails. Internal aid is considered more
valuable in interpretation as compared to the external aid
 However, in some cases where internal aid fails, help can be
taken from external aids to ascertain the intention of the
legislature as generally they talk about the history of an
enactment and reasons for its introduction
Some important external aids are:
Dictionaries:
 Whenever the meaning of a particular word is not clear the
help may be taken from the dictionaries by the court to
ascertain the meaning of the word

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Statement of Object and Reasons:
 This is not considered as a reliable source to interpretation. It
tells us about the reasons and intention for bringing the bill
into the legislature
Parliamentary History and Facts:
 This includes all the debates in the parliament, reports of
committees, letters etc. In traditional English practice it was
considered that parliamentary history cannot be considered
while interpretation. The modern view is different which says
that parliamentary history and facts may be considered for
interpretation in order to determine the intention of the
legislature while passing an act. However, it can also be used
in case of ambiguity and not in case where meaning of a
provision is clear.
Textbooks:
 Sometimes courts while determining a law takes help from
the textbooks. But this view has been criticized because
textbook contains the personal views of the author and
different textbooks have different opinions. Personal views of
the author cannot tell us about the intention of the
legislature. Thus is not a reliable source of interpretation
Foreign Decisions:
 In case when there is uncertainty regarding a point on law
then reference can be taken from the foreign decisions, where
there is same system of law is being followed on that point of
uncertainty as it is followed in India. They will have a binding
force upon the Indian courts.
4.SALIENT FEATURES & SCOPE OF GENERAL CLAUSE ACT 1897 AND
EXPLAIN GENERAL RULE OF CONSTRUCTION?

SUMAIYA MEHMOOD 8
Ans. GENERAL CLAUSE ACT 1897:
 This act is not confined to a particular branch of the law but
applies to all branches
 It is common act passed in ancient period and it is applicable
to all the statutes when any interpretation requires about
legal terms then general clauses act can be referred
Objects of the Act are several, Namely:
 to shorten the language of central acts
 to provide as far as possible for uniformity of expression in
central acts by giving definitions of a series of terms in
common use
 to state explicitly certain convenient rules for the construction
and interpretation of central acts and
 to guard against slips and oversights by importing into every
act
 the general clause act or for that matter the interpretation act
of any other country codifies all the rules of statutory
interpretation
GENERAL RULE OF CONSTRUCTION:
 Coming into operation of enactments (Section 5): where any
Central Act is not expressed to come into operation on a
particular day, then it shall come into operation on the day on
which it receives the assent
 Effect of repeal (Section 6): Where any central legislation or
any regulation [not rule] made after this act repeal any act
made or yet to be made unless another purpose exists the
repeal shall not effect
1.Anything not enforced or prevailed during the period at
which repeal is effected
2.Affect the prior management of any legislation that is
repealed

SUMAIYA MEHMOOD 9
3.Affect any claim privilege responsibility debt obtained under
legislation so repealed
4.Affect any punishment forfeiture or penalty sustained with
regard to any offence
5.Affect any inquiry litigation or remedy which may be
initiated continued or insisted
 Repeal of Act making textual amendment in Act or Regulation
(Section 6A): Where any(Central Act) or Regulation made
after the commencement of this Act repeals any
enactment by which the text of any (Central Act) or
Regulation was amended by the express omission,
insertion or substitution of any matter, then, unless a
different intention appears, the repeal shall not affect the
continuance of any such amendment made by the enactment
so repealed and in operation at the time of such repeal.
 Revival of repealed enactments (Section 7): In any Central Act
or Regulation made after the commencement of this Act, it
shall be necessary, for the purpose of reviving, either wholly
or partially, any enactment wholly or partially repealed,
expressly to state that purpose
 Construction of references to repealed enactments (Section
8): where any central act or regulation made after the
commencement of this act repeals or re-enacts any provision
of a former enactment then reference in any enactment or in
any instrument to the provision so repealed shall unless a
different intention appears be construed as reference to the
provision so re-enacted
 Commencement of termination of time (Section 9): In any,
Central Act or Regulation made after the commencement of
this Act, it shall be sufficient, for the purpose of excluding the
first in a series of days or any other period of time, to use the
word ‘from’, ‘and’ for the purpose of including the last in a
series of days or any other period of time, to use the word ‘to’
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 Computation of time (Section 10): Any act or proceeding is
directed or allowed to be done or taken in any Court or office
on a certain day or within a prescribed period, then, if the
Court or office is closed on that day or the last day of the
prescribed period, the act or proceeding shall be considered
as done if it is done on the next working day
 Measurement of distances (Section 11): The distance shall,
unless a different intention appears, be measured in a straight
line on a horizontal plane.
 Duty to be taken pro-rata in enactments (Section 12): —
Where, by any enactment now in force or hereafter to be in
force, any duty of customs or excise, or in the nature thereof,
is leviable on any given quantity, by weight, measure or value
of any goods or merchandise, then a like duty is leviable
according to the same rate on any greater or less quantity.
 Gender and number (Section 13): A. Words importing the
masculine gender shall be taken to include females, and B.
Words in the singular shall include the plural and vice versa.
5.DEFINE CONSTRUCTION? TYPES OF CONSTRUCTION & AIDS TO
INTERNAL AND EXTERNAL CONSTRUCTION [SPECIAL REFERENCE TO
CONSTRUCTION OF PENAL STATUTE]?
Ans. CONSTRUCTION:
 construction is the process of drawing conclusions of the
subjects which are beyond the direct expression of the text
 The courts draw findings after analyzing the meaning of the
words used in the text or the statutes. This process is known
as legal exposition. There are a certain set of facts pending
before the court and construction is the application of the
conclusion of these facts
 The purpose of construction is to determine the legal effect of
words and the written text of the statute

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 In the case where the literal meaning of the legal text results
in ambiguity then the concept of construction is adopted.
TYPES OF CONSTRUCTION:
 The literal rule of interpretation
 Purposive rule of interpretation
 Harmonious construction
 Rule of beneficial construction
 Strict construction of penal statutes

 THE LITERAL RULE OF INTERPRETATION:


 According to this rule, the words used in this text are to be
given or interpreted in their natural or ordinary meaning.
After the interpretation, if the meaning is completely clear
and unambiguous then the effect shall be given to a provision
of a statute regardless of what may be the consequences.
 The basic rule is that whatever the intention legislature had
while making any provision it has been expressed through
words and thus, are to be interpreted according to the rules of
grammar. It is the safest rule of interpretation of statutes
because the intention of the legislature is deduced from the
words and the language used.
 PURPOSIVE/MISCHEIF RULE OF INTERPRETATION:
 Mischief Rule was originated in Heydon’s case in 1584. It is
the rule of purposive construction because the purpose of this
statute is most important while applying this rule. It is known
as Heydon’s rule because it was given by Lord Poke in
Heydon’s case in 1584. It is called as mischief rule because the
focus is on curing the mischief
 In the Heydon’s case, it was held that there are four things which
have to be followed for true and sure interpretation of all the
statutes in general, which are as follows-

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1. What was the common law before the making of an act.
2. What was the mischief for which the present statute was
enacted.
3. What remedy did the Parliament sought or had resolved and
appointed to cure the disease of the common wealth.
4. The true reason of the remedy.

The purpose of this rule is to suppress the mischief and advance the
remedy

 HARMONIOUS CONSTRUCTION:
 REFER TO 1ST LAQ
 RULE OF BENEFICIAL CONSTRUCTION:
 This rule of interpretation will benefit individuals.
Whenever there is an ambiguity or when the which would
take the benefit away from the individual, so the meaning
which prevails over the benefit to the individuals should be
adopted.
 The courts should be generous towards the persons to
whom benefits are conferred by the statute. Here it
involves the judges to give the widest meaning to the
statute in order to protect the interest of the parties, if you
look into certain statutes the main purpose is to benefit
and protect the interest of the person, for example,
Industrial Disputes Act, Consumer Protection Act, Juvenile
Justice Act and all labour-related laws. Provision is capable
of giving two meanings where one would preserve the
benefit and another.
 STRICT CONSTRUCTION OF PENAL:
 The general rule for the construction of a penal statute is
that it would be strictly interpreted, that is, if two possible
and reasonable constructions can be put upon a penal
provision, the Court must lean towards that construction

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which exempts the subject from penalty rather than the
one which imposes a penalty.
 A penal statute has to be construed narrowly in favour of
the person proceeded against. This rule implies a
preference for the liberty of the subject, in case of
ambiguity in the language of the provision. The courts
invariably follow the principle of strict construction in penal
statutes. In constructing a penal Act, if a reasonable
interpretation in a particular case can avoid the penalty the
Court adopts that construction

S.A.Q’S:
1.Interpretation of statutes?
Ans. The word ‘Interpretation’ is derived from the Latin term
‘interpretari’ which means to explain or expound or to understand
or translate.
 Interpretation is a process through which one arrives at the
true and correct intention of the law-making body which is
laid in the form of statutes. This helps in finding out the
intention of the author.
Need for interpretation:
1. The ambiguity of the words used in the statute: Sometimes
there will be words that have more than one meaning. And it
may not be clear which meaning has to be used. There could
be multiple interpretations made out of it
2. Change in the environment: We all know that society changes
from time to time and there may be new developments
happening in a society that is not taken into consideration,
this lacks the predictability of the future event

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3. Complexities of the statutes: usually statutes are complex and
huge, it contains complicated words, jargon and some
technical terms which are not easy to understand and this
complexity may lead to confusion.
4. When legislation doesn’t cover a specific area: Every time
when legislations are out it doesn’t cover all the area it leaves
some grey areas and interpretation helps in bridging the gaps
between.
5. Drafting error: The draft may be made without sufficient
knowledge of the subject. It may also happen due to the lack
of necessary words and correct grammar. This makes the draft
unclear and creates ambiguity in the legislature
6. Incomplete rules: There are few implied rules and regulations
and some implied powers and privileges which are not
mentioned in the statute and when these are not defined
properly in the statute this leads to ambiguity

2. Preamble?
Ans. The main objective and purpose of the Act are found in the
Preamble of the Statute. Preamble is the Act in a nutshell. It is a
preparatory statement. It contains the recitals showing the reason
for enactment of the Act.
 The Preamble expresses the scope and object of the Act more
comprehensively than the long title.
 The Preamble like the Long title can legitimately be used for
construing it. However, the preamble cannot override the
provisions of the Act. Only if the Wording of the Act gives rise
to doubts as to its proper construction (e.g. where the words
or a phrase has more than one meaning and doubts arise as to
which of the two meanings is intended in the Act) the

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preamble can and ought to be referred to arrive at the proper
construction
 The main aim and objective of the act is found in the
preamble of the statute. All the Acts starts with the preamble,
stating the reasons behind the enactment of the act and the
main objective of the act.
 For example, the Preamble of the Indian Penal Code, 1860, is
“Whereas it is expedient to provide a general Penal Code for
India; it is enacted as follows”.
CASE LAW:
Kashi Prasad v. State
 The court held that even though the preamble cannot be
used to defeat the enacting clause of a statute, it can be
treated as a key for the interpretation of the statute.

3.Mischief rule?
Ans. Mischief Rule was originated in Heydon’s case in 1584. It is
the rule of purposive construction because the purpose of this
statute is most important while applying this rule. It is known as
Heydon’s rule because it was given by Lord Poke in Heydon’s case
in 1584. It is called as mischief rule because the focus is on curing
the mischief
 In the Heydon’s case, it was held that there are four things
which have to be followed for true and sure interpretation of
all the statutes in general, which are as follows-
1.What was the common law before the making of an act.
2.What was the mischief for which the present statute was
enacted.

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3.What remedy did the Parliament sought or had resolved and
appointed to cure the disease of the common wealth.
4.The true reason of the remedy.
 The purpose of this rule is to suppress the mischief and
advance the remedy

4.Meaning and definition of statute? Types and classification of


statutes?
Ans. Statute” means a law that has been formally approved and
written down. In its legal sense, it means an act of a legislature that
declares, prescribes, or commands something. Statutes set forth
general propositions of law that court applies to the specific
situations
 Thus following can be listed as Statute: Constitution, Central
Acts, State Acts, Ordinance, Bye Laws, Rules, Regulations,
Notifications, Circulars, Instructions, Directions, Clarifications.
 Classification of Statutes
 Codified statutory law can be categorized as follows:
 Codifying statutes
 The purpose of this kind of statute is to give an authoritative
statement of the rules of the law on a particular subject, which is
customary laws.
 Consolidating statutes
 This kind of statute covers and combines all law on a particular
subject at one place which was scattered and lying at different
places. Here, the entire law is constituted in one place
 Declaratory statutes
 This kind of statute does an act of removing doubts, clarifying
and improving the law based on the interpretation given by

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the court, which might not be suitable from the point of view
of the parliament.
 Remedial statutes
 Granting of new remedies for enforcing one’s rights can be
done through the remedial statutes. The purpose of these
kinds of statutes is to promote the general welfare for
bringing social reforms through the system
 Enabling statutes
 The purpose of this statute is to enlarge a particular common
law. For example- Land Acquisition Act enables the
government to acquire the public property for the purpose of
the public, which is otherwise not permissible
 Disabling statutes
 It is the opposite of what is provided under the enabling
statute. Here the rights conferred by common law are being
cut down and are being restrained.
 Penal statutes
 The offences for various types of offences are provided
through these statutes, and these provisions have to be
imposed strictly. For example- Indian Penal Code, 1860
 Taxing statutes
 Tax is a form of revenue which is to be paid to the
government. It can either be on income that an individual
earns or on any other transaction.
 Explanatory statutes
 The term explanatory itself indicates that this type of statute
explains the law and rectifies any omission left earlier in the
enactment of the statutes
 Amending statutes
 The statutes which operate to make changes in the provisions
of the enactment to change the original law for making an
improvement therein and for carrying out the provisions

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effectively for which the original law was passed are referred
to as amending statutes
 Repealing statutes
 A repealing statute is one which terminates an earlier statute
and may be done in the express or explicit language of the
statute
 Curative or repealing statutes
 Through these statutes, certain acts which would otherwise
be illegal are validated by curing the illegality and enables a
particular line of action

5. MEANING& TYPES OF INTERPRETATION?


Ans. MEANING:
 Out of the three organs of the State, viz Legislative, Executive
and Judiciary, interpreting the statutes is primarily concerned
with Judiciary.
 Being the machinery that puts the laws laid down by
legislature into use, it becomes primary function of Judiciary
to interpret the statutes and ascertain the correct meaning of
the provisions of the statutes in their true spirit as intended
by the framers.
 Salmond defines the interpretation of statutes as
“interpretation or construction is the process by which the
courts seek to ascertain the meaning of the legislation
through the medium of the authoritative form in which it is
expressed.
 Kinds of Interpretations:
 There are various kinds of interpretations. These are:
 Literal Interpretation: It is also known as grammatical
interpretation. While doing this kind of interpretation, the
judges are not in any way allowed to add or modify the letter of

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9
the law. They should strictly follow the language and directly
translate its meaning.
 Functional Interpretation: In this kind of interpretation, the
judges deviate from the literal meaning and look elsewhere to
decipher the intent behind the law. Functional interpretation is
done in four cases,
 When the statute is inconsistent.
 When the statue is incomplete.
 When the language of the statute is ambiguous.
 When there is a logical flaw in the letter of the law.

6.Effect of Repeal?
Ans. Effect of repeal (Section 6): Where any central legislation or
any regulation [not rule] made after this act repeal any act made or
yet to be made unless another purpose exists the repeal shall not
effect
1.Anything not enforced or prevailed during the period at which
repeal is effected
2.Affect the prior management of any legislation that is repealed
3.Affect any claim privilege responsibility debt obtained under
legislation so repealed
4.Affect any punishment forfeiture or penalty sustained with
regard to any offence
5.Affect any inquiry litigation or remedy which may be initiated
continued or insisted

7.Ejusdem generis?
Ans. Ejusdem Generis means of the same kind. Generally, the
words should be given their natural meaning, unless it requires
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special meaning based on that context. When general words follow
specific words that are distinct in nature, the general words should
also be given the specific meaning to it.
 The courts will interpret such general words follow specific
words in a restricted way. It will be based on the facts and
circumstances of the case which may change case to case.
 The legislative intent on principle of Ejusdem Generis is if the
general words to be used in the restricted sense that means
those words will be having a special meaning to it or else why
would they even use specific words.
For example, in an act dealing with the slaughter of animals for
food for human consumption, the expressions used are “cows,
goats, sheep, and other animals”.
Whether the following animals are cover:
 Cats and dogs
 Poultry
 Wild animals
 Horseflesh
To apply this rule, the following conditions must exist:
 The statute mentions a number of things one by one by using
specific words,
 The number of things mentioned should constitute a class,
 There are other things in the class that exists,
 A general term is used for the things mentioned,
 There is a distinct genus that comprises of more than one
species

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