STRICT CONSTRUCTION 2. STRICT CONSTRUCTION OF PENAL STATUTES 3. OBJECT 4. CASE LAW STRICT CONSTRUCTION OF PENAL STATUTES
CONSTRUCTION 1. Construction is applying to find out the
general and simple meaning of a statutes. 2. Construction takes place when the meaning of the constitution is contested. STRICT CONSTRUCTION:- Strict construction means each word in the statute should be interpreted by the letter and not with respect to the spirit behind the statute. A judge has to apply the text only as it is written in the statute, when there is clear meaning of the text there will be no scope for any further investigation regarding the same. Here in strict interpretation, the court will use the literal use of interpretation. STRICT CONSTRUCTION OF PENAL STATUTES
PENAL STATUTES Those statutes which inflict a penalty for
the violation of some of their provisions. It is a rule of law that such statutes must be construed strictly. Strict construction of penal laws
Strict Construction of Penal Statutes :- A statute enacting an
offence or imposing a penalty is strictly construed. The settled rule of construction of penal sections is “if there is a reasonable interpretation which will avoid the penalty in any particular case we must adopt that construction, If there are two reasonable constructions we must give the more lenient one”. Strict construction of penal laws
Object :- This method is important because judges will not make
any wrong inferences from statutes and will not go out from the letter of the law and the judgement will be purely based on the text of the statutes. This upholds the rule of law by giving importance to the legislature that passes the laws. Strict construction of penal laws
Case Law :- State of Jharkhand vs Ambay Cements, 2005
Cardial rule of interpretation is that when a particular Act
should be done in a prescribed manner the Court cannot interpret that in any way of performance.