Introduction:

The interpretation of statutes is restrained to courts of law. Courts have developed a large and
complicated set of rules to guide individuals in construing or interpreting laws. The majority
of interpreting laws are contained in the books of interpretation of statutes, and it is helpful to
the drafter to maintain these interpreting laws in consideration during drafting Acts. For
example, when interpreting Canadian laws, the interpretation of statutes must strictly follow
every Canadian Act that is remedial to its Act and acquire reasonable, broad, and liberal
construction to ensure the achievement of the Act’s purpose, which defines the Act’s original
objective, meaning, and character. It is the responsibility of the court to give effect to an Act in
order to obtain its actual meaning, while the process of rules or principles is formed to interpret
which is restricted to courts.

Interpretation is the process of finding the legal meaning of any legislation that means more
than construction. The finding of the meaning of a parliamentary Act or a provision of a
parliamentary Act is referred to as interpretation. The extraction of grammatical meaning is a
major focus of construction.

“Strict construction” refers to the interpretation which is made strictly, that assures each word
in legislation must be interpreted by letter and that the interpretation should never go beyond
the statute. A close or narrow reading of interpretation is known as a strict construction. In this
approach, courts must follow the literal rule. The term “liberal construction” relates to
interpretation that is applied freely with the goal of ensuring the purpose or advancing the aims
of the legislation. In this construction, the courts will choose between the golden rule and the
mischief rule.

What is a strict construction of a penal statute?

The term “strict construction” refers to a statute that is strictly construed in legislation. Each
word must be interpreted by letters, and the interpretation must not exceed the scope of the
legislation. It is a legal theory that applies in a narrow manner or in a strict manner of
interpretation to legal legislation such as the United States Constitution. The bench’s ability to
read a text in written form that is provided inside the four boundaries of a legal document must
be evaluated. The constitution must be rigorously construed in its original meaning.

This form of construction is used in taxation and criminal legislation. In strict construction
interpretation, the courts refer to the literal rule. The literal rule, alternatively known as the
simple rule, is a traditional rule used by English courts. It is a guideline of law interpretation
that in the first instance, the grammatical interpretation of words must be followed. This is the
earliest construction rule to which judges refer when referring to strict construction. Even
today, judges utilize it since they do not have the authority to make laws. In each and every
system of interpretation, it is the primary and first interpretation of laws. In other words, it’s
just what the law says rather than what the law was meant to express.

The term “strict construction” refers to “a close or narrow reading and interpretation of a
legislation or written document.” In cases involving a dispute over terms of legal meaning, the
bench is sometimes called upon to determine a construction or interpretation of an ambiguous
or confusing phrase. The common law tradition has created a number of maxims and guidelines
that help courts interpret legislation or agreements such as contracts. Strict construction occurs
when ambiguous legal language is treated as an accurate and precise interpretation and no
further fair evaluations or justifiable consequences are considered. When interpreting
legislation affecting the subject’s liberty, strict construction is recommended, but only after
verifying that all conditions are met before the subject’s liberty is restrained.

In terms of penal law, strict construction must be used in penal legislation, which implies that
penal statutes may not be broadened by assumption or purpose beyond the fair meaning of the
language employed or the interpretation that is fairly justified by its provisions. These statutes
will not be construed to include offenses or people other than those expressly defined and
provided for in their wording. The rule of liberal is aided by the rule of strict construction under
penal statutes, which states that any complexity in a penal statute should be settled in favor of
the defendant. According to strict construction criteria of Maxwell, the gravity of the criminal
legislation should be determined. Penal legislation must be strictly construed, as stated in Smith
v. Wood (1889) and Kamal Prasad v King-Emperor (1947).

Case laws:

State of Jharkhand v. Ambay Cements, (2005)

The judgment, in this case, was decided by a three-judge panel of the Supreme Court, and it
was determined that:

The exemption clause must be rigorously construed, and it is not available to the Court to ignore
conditions specified in the exemption notification.
A mandatory rule must be carefully obeyed, but a directory rule may be satisfied with sufficient
adherence.

When legislation prescribes a certain Act to be performed in a specific manner and states that
failure to comply with the said requirement results in serious consequences, such requirement
is mandatory.

It is the basic principle of interpretation that if a statute directs that something must be done, it
must be done in the manner specified and not in any other way.

Where legislation is criminal in nature, it must be rigidly construed and obeyed.

State of Punjab v. Ram Singh, (1922)

The facts of the case seem to be that a constable was caught wandering in a public spot with a
gun, having been intoxicated while on duty. During a medical check, he abused the doctor. It
was determined that the policeman was capable of committing the most crimes as a result of
his drinking. The Supreme Court construed strict construction in accordance with Maxwell
standards, which are based on the seriousness of Penal legislation, and found it justified to
punish him for his misbehavior.

Bakhtawat Singh v. Balwant Singh, (1927)

The Allahabad High Court held that if punishment has been issued for failing to observe the
requirements of any legislation, it shall be construed strictly.

IMPORTANCE OF STRICT CONSTRUCTION OF PENAL STATUTES:

The importance of strict construction of penal statutes lies in safeguarding individual rights,
ensuring clarity in the law, and maintaining fairness in the criminal justice system. Here are
some key reasons why this principle is important:

Presumption of Innocence: In most legal systems, individuals are presumed innocent until
proven guilty beyond a reasonable doubt. Strict construction of penal statutes helps uphold this
presumption by ensuring that the government cannot easily expand the scope of criminal
liability through vague or overly broad interpretations of the law. It places the burden on the
prosecution to prove that the accused's conduct clearly violated a well-defined law.

Protection Against Arbitrary Prosecution: Strict construction prevents the government from
using vague or ambiguous language in criminal laws to potentially target individuals unfairly.
It discourages prosecutors from bringing charges based on creative interpretations of the law
that may not align with the legislature's intent.

Clarity in the Law: It promotes legal clarity by requiring lawmakers to use precise language
when drafting criminal statutes. This clarity benefits both citizens and law enforcement, as
everyone can have a clear understanding of what actions are prohibited by law.

Legal Certainty: When individuals know that they can only be prosecuted for actions that
clearly and unambiguously violate the law, it provides a level of legal certainty and
predictability. This, in turn, encourages compliance with the law and reduces the potential for
inadvertent violations.

Checks and Balances: Strict construction serves as a check on the legislative branch's power.
It ensures that the legislature cannot easily enact laws that infringe upon individual rights or
criminalize a wide range of conduct without clear justification.

Fairness and Justice: Ultimately, strict construction promotes fairness and justice in the
criminal justice system. It helps prevent situations where individuals are unfairly penalized for
actions that were not clearly intended to be criminalized by the legislature.

Consistency in Interpretation: By emphasizing a narrow and limited interpretation of

criminal statutes, it encourages consistency in how courts interpret and apply the law, reducing
the potential for arbitrary or capricious decisions.

The strict construction of penal statutes plays a significant role in society for
several reasons:

Protection of Individual Rights: By requiring a narrow and precise interpretation of criminal

laws, strict construction helps protect individuals from being unfairly targeted or penalized by
the government. This protection of individual rights is fundamental in democratic societies that
value civil liberties and due process.

Limitation on Government Power: It serves as a check on government power by preventing

the executive and legislative branches from enacting and enforcing laws that could be used to
infringe upon citizens' rights or criminalize a wide range of conduct. This limitation on
government authority helps maintain a balance of power within a society.
Clarity and Predictability: Strict construction promotes clarity and predictability in the legal
system. When individuals can reasonably anticipate the consequences of their actions, they are
more likely to comply with the law. This, in turn, contributes to social order and stability.

Fairness in Legal Proceedings: In criminal trials, strict construction ensures that individuals
are tried based on clear and unambiguous laws, reducing the risk of arbitrary or unjust
convictions. This supports the principle of "innocent until proven guilty" and helps ensure fair
legal proceedings.

Legal Consistency: The consistent application of strict construction principles across various
legal cases helps create a uniform body of legal precedent. This consistency is important for
ensuring that similar cases are treated similarly, contributing to the fairness and integrity of the
legal system.

Respect for Rule of Law: Strict construction reinforces the idea that laws must be interpreted
and applied according to their text and the legislative intent behind them. This promotes respect
for the rule of law, which is essential for a well-functioning and just society.

Protection Against Overcriminalization: It serves as a safeguard against overcriminalization,

which occurs when too many actions are deemed criminal offenses. Overcriminalization can
lead to the unnecessary burdening of the criminal justice system and the potential for unfair
prosecutions.

Preservation of Civil Liberties: By demanding a clear and specific definition of what

constitutes a crime, strict construction helps safeguard civil liberties and prevents the erosion
of freedoms in the name of law enforcement or public safety.

CONCLUSION:

The strict interpretation of penal legislation is carefully construed in favour of the individual
being prosecuted. In the event of an ambiguity in the text of the provision, this rule suggests a
predilection for the subject’s liberty. Criminal and penal laws must be rigidly construed and
cannot be widened by intention, interpretation, or fair considerations.In conclusion, the strict
construction of penal statutes plays a pivotal role in the significance of society by serving as a
crucial safeguard for individual rights, a check on government power, a promoter of legal
clarity and fairness, and a guardian of the rule of law. It ensures that criminal laws are
interpreted and applied narrowly and precisely, reducing the risk of unjust convictions,
overreach by the government, and the erosion of civil liberties.