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INTERPRETATION OF STATUTES
⑪

↳ Parliament entere understand Role of

Count the will of
Interprets Judiciary
Legislature
THE LAW
cannot
Judge
alter a law he ,
English
is not
cam
only interpret Language
make it clear an instrument
It ispassed by of mathematical
② the president when
precision
barlament is not working
GENERAL CLASSIFICATION
OF INTERPRETATION

->

LEGAL Actual role of law which binds the judge to

place a certain interpretation
->

DOCTRINAL -

Real and True

meaning of Statute
->
AUTHENTIC Interpretation derived from the legislator himself
-

GRAMMATICAL Applies ordinary rules of speech to find out the meaning

-

->

->
USUAL It comes from other source such as custome
-

->
LOGKAL -
Goes beyond the words and tries to discover the intention of the statute

O
3 INSTRUMENTS
Common PARLANCE -

formal legal document which creates

record
or confirms a
right or a fact .

FORMAL WRITING -
An agreement deed , or record
drawn up and executed in a Technical

form .

Sec-2 (in)
STAMP DOTY ACT- Instrument includes document
every is
by
right a abilitie
which
any or

ENTERPRETATION & CONSTRUCTION purports to be a

Extended recorded
0
↳
,
extinguished or .

often used interchangeably

DEEDS Us INSTRUMENT All deeds instruments
They overlap
each other
-

are
C

Though all instruments

may not be
deeds .

In India ,
be no distinction seems to
①
Finding true sense ① Drawing conclusions made between instruments and deeds .

of words used .
from the interpretations .

②
using the letter ② Using the spirit ⑤
of law ↑

of law .

IMPORTANCE Or IOS

To Find out Ineffectiveness Establish

Uniformity serves as a
bridge
True Intentions of of in
understanding by of understanding
the legislature Language Intensive use
of legal between the law

maker and its

techniques in 10s for users .

greater accuracy .

HUMAN LIMITATION 8 It is not within human powers to predict all the facts that

may
arise on future .

Hence we need Roles of Interpretation along with the tools to

Interpret .
 RULES OF INTERPRETATION/construction

PRIMARY RULES
① LITERAL CONSTRUCTION
-
Also called grammatical construction .

(literal
-
First approach the words as
is to read
is clear - no need to adopt
they are
meaning)
construction
8

when
languageis other
-

any ⑧

>

whole there
ambiguity $ absurdity ,
Literal construction fails .

② REASONABLE CONSTRUCTION
Also called
golden
as rule of interpretation
-

Give a sensible
meaning give effect to the intention of the legislature
-

Inspect Proxies
and reasonable interpretation (: LI Indra vs
-

/
MOA must be read
fairly . o
A L
r . Mudaliar)
Neither too rigid nor too libral
-

③ PURPOSIVE CONSTRUCTION
-
Also called as Mischief Rule OR rule
of beneficial construction .

-
Used when there is a possibility of more than one interpretation .

-
four matters to considered : -

·
Law
Before
·
Mischief caused by it
③.
③

Remedy
·
Reason
-

Court will adopt the construction which shall suppress mischief and
advance
aemidy .

③ HARMONIOUS CONSTRUCTION
construct provisions which harmonize conflicting laws
-

-
EXCEPTION I
Statute itself makes clear by using the word "NOTWITHSTANDING" Then this rule
will not apply -

-
EXCEPTION 2
When it is impossible to avoid inconsistency/conflict blu two laws , then
latest provision is preferred over old provision .

-
A
specific rule will always override a
general rule .

"SUBJECT To
"
"NOTWITHSTANDING" "WITHOUT PREJUDICE"
Husband
says I am what work in
eg .
eg .

Notwithstanding Particular provisions will

of the house addition to the

the boss
my
husband
say , you general provisions .

subject to what have to listen to re ive Particular provisions will not

my
.

wife says · restrict the operation and generality

N ↓ of the
prceeding general provision .

subservient overriding

⑤ EJUSDEM GENERIS
-

Interpretation of general words should be

of the same "kindor species" of the
words mentioned with them along .

-
where general words are used after the specific words ,
then the general
words will take the color from the specific words .

-
EXCEPTION
where specific words are of different categories and not of the same nature .

⑥ EXCEPTIONAL CONSTRUCTION
-

where certain words would defeat real object of

the an enactment , then as an exception
such words be eliminated (Common SENSE RULES
may
.

-
The word "and" is conjuctive .

where as the word "or" is to separate .

Shall pimply Mandatory

"
Provision
words like shall moststreetly complied
-
See
,
 SECONDARY RLLES
①EXPRESS MENTION OF ONE THING IMPLIES THE EXCLUSION OF ANOTHER
-
where there is a
specific section regulating a
particular artical , General provisions can be

ignored for the said article .

② CONTEMPORARY CONSTRUCTION (EFFECT of USAGE OR PRACTICE)

The best read it it would have been
way to interpret a document is to
-
as

read when it was made .

-
If an old law does not comply with today's workings or procedures ,

it needs to be amended .

CODIFIED LAN UNCODIFIED LA

↓ A
means
they've converted it is
only a tradition
law and
your custom into custom

③ NOSCITUR A SOCIs
It is known the associated by the keeps
by company It
-

or .

coupled
twomorewordswhichaCapable it lateeeee "
when
-

or are

④ STRICT AND LIBERAL CONSTRUCTION

Situation interpreted according a
Depending harta an
-

,
it has to be

- YOOLs To INTERPRETATION -

within the
INTERNAL TOOLS ACT
Itself
① LONG TTLES
the enactment
The short title
merely identifies and is chosen
merely for
-

convenience .

Long titles of the act Describes the enactment, therefore we can offer to
it to ascertain the object scope and purpose
of the act
,
.

② PREAMBLE
-
Preamble expresses the scope , object and purpose of the act .

override But of the statutes

Does not of
theplanprovisions te word gives rise
ple
~

to doubts . can be reffered e

to

order to arrive at the proper construction .

③ CHAPTER HEADINGS
Headings of the sections help to interpret
-
.

Headings cannot control override the section

-
or .

④ PROVISO
-
Provides exception to the section .

③ EXPLANATION
-

furtherance of what's given in the section for the purpose of

It is a
explaining the ,

main provision .

But the explanation SHOULD NOT be considered to widen the ambit of the section .

⑥ ILLUSTRATIONS
-
Act itself provide examples help interpretation
to .

-
-

They cannot modify the contents of the section .

⑦ SCHEDULES
and must be read
They form part of statute
together
-

~
In case of conflict ENACTMENT > SCHEDULES -

⑧ SAVINGS CLAUSE
-
It is used to preserve from destruction certain rights ,
remedies and privileges
already existing when a new law is created .

⑨ MARGINAL NOTES
-
Summaries which are often found at the side
of a section which sums up
the effect of that section .

-
NOT A PART OF ENACTMENT
-

Marginal notes related to articles of constitution are

apart of constitution ,

⑩ DEFINITIONAL SECTIONS/CLAUSES
ways of writing a definition
Three
-

when a word is defined to mean -> Exclusive ·

when a word is defined to include -> Inclusive .

when a word's defined to "mean and Include" -

outside
EXTERNAL TOOLS the
Act

CASE LAWS DICTIONARY

CONSOLIDATED STATUTES
NOMFICATIONS

OTHER LAWS PARLIAMENT PREVIOUS

INCLUDING HISTORY $ LANS
FOREIGN LAWS OLD LAWS