INTERPRETATION OF

STATUTES
 • Generally means laws means regulations of various
kinds irrespective or their source
• Maxwell Defines “Statute” as the will of the
legislature. In India Statute means an enacted law i.e.
Meaning of the law either enacted by the parliament or by the
state legislature.
Statute • The Constitution does not use the terms “statute”
but used “Law”. The Law includes Ordinance,
order, bye-law, rule, regulation, notification and
the like.
• “Statute” Signifies written law as against
unwritten law.

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 • Word of everyday use must be constructed in its
popular sense
• When material words are capable of two meanings,
one of which is likely to defeat or impair the purpose
and policy of the Act and another likely to assist
achievement then courts would prefer the later.
Interpretation of • Principle of Literal construction. Where the words
Statutes of a statute are plain, precise and unambiguous, the
intention of the Legislature is to be gathered from the
language of the statute itself and no external aid is
admissible to construe those words.

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Whenever any new dispensing comes into force it brings
along a large number of challenges.

The parties to litigation make effort to project a

viewpoint suitable to each one of them confronting the
courts with the gigantic task of implementing the
provision of a new statute rolling out of the new regime
in a manner as to achieve its primary object.
 Interpretations

Statutory Non-Statutory
INTRODUCTION
As per theory of Separation of Power,
there are 3 organs of State

Legislative Executive Judiciary

Interpretation of statute is concerned with Judiciary

It is the process whereby the courts determine the true
meanings of the words employed in a Statute
Meaning
Latin Term
“Interpretari” Explain, Expound, Understand or
to Translate
Involves an act of discovering the true meaning of the
language used

Correct understanding of the law

Commonly adopted by the courts for determining the

exact intention of legislature
Objective
Determination of the Meaning

Finding the Intention of Legislation

Apply it in a meaningful manner to suit from case to case

There is
Company shall penalty for Mandatory to
maintain non- maintain
register maintenance register
of register
 Penal Statute (IPC, CRPC)

Remedial (Industrial Dispute Act, Consumer

Protection Act)

Repealing (FEMA to FERA, MRTP to

Competition Act )

te
t at u
Codified Act (Hindu Marriage Act, Hindu
Succession Act)

fS
Enabling Statute (Compulsory Acquisition of
sod Land for Public Benefit
Kin

Disabling Statute (Restraining the power of

Corporation to make Leases)

Amending Statute (Code of Criminal

Procedure 1973 reenacted CrPC 1898)
 Rules of Interpretation

Reasonable Harmonious
Literal Rule Golden Rule Mischief Rule
Construction Construction
 LITERAL RULE

Interpreted in their Natural or Ordinary Meaning

Maxim “Absoluta Sententia Expositore Non Indiget”

Meaning is completely clear and unambiguous then effect shall be

given regardless of what may be the consequences

Safest Rule of Interpretation

 GOLDEN RULE

Interpreting natural meaning leads hardship, then the

court must modify the modify the meaning to the
extent of Injustice

Word, Phrase, express of sentence is uncertain

departing from the plain grammatical meaning,
golden rule plays a role
 • Get an exact conception of the aim, scope and object
of the whole Act to consider:
• What was law before the Act was passed?
• What was the mischief and defect for which the

Mischief rule law had not provided?

• What remedy Parliament has resolved and
Heydon’s Case in appointed to cure the disease? and
1584 • The true reason of the remedy
• And then the judges have to make such construction
as shall suppress the mischief, and advance the
remedy, and to suppress such inventions and evasions
for continuance of the mischief.

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 REASONABLE CONSTRUCTION

To give reasonable meaning to the Statute

Maxim “Ut res magis valeat quan pareat”

Literal meaning collides with the reason of enactment then

intention of the law should be taken
This rule mainly stresses upon the intention of the legislature
to bring up the statute sensible
 HARMONIOUS CONSTRUCTION
When two or more provisions of the same statute are
contradictory to each other, then court will try to
construct the provision to give effect both provisions
by maintaining harmony

One Provision of the same act cannot make the other

provisions useless. Thus in no circumstances the
legislature can be expected to contradict itself
 OTHER RULE
Words of a Similar Class

Maxim “Ejusdem Generis”

Where particular words have a common characteristics any

general words that follow should be constructed as referring
generally to that class
If law refers to automobiles, truck, tractors, motorcycles and other
vehicles, her vehicles would not include Airplanes because the list
was the land based transportation
 OTHER RULE
The expression of one thing is the exclusion of other

Maxim “Expressio unius est exclusion alterius”

It indicates that item not in the list are assumed not to be covered by the
statute

If law refers to Lions & tigers it only refers to Lions and Tiger and will not
include leopards or any other animal
 OTHER RULE
The expression of knowing from associated words

Maxim “ Noscitur a sociis”

The meaning of a questionable word in a statute may be ascertained by

reference of its accompanying word.
If law states that explosive taken into a mine must be in a “Case or
Canister”. Here the cloth bag cold not have been within a Statutory
definition because parliament’s intention was referring a same kind as
canister
 OTHER RULE
Rule of Exceptional Construction

Maxim “ut res magis valeat quam pereat ”

Full effect for every word, yet if no sensible meaning can be given to a word or phrase,
or it is would defeat the real object of the enactment it may or rather it should be
eliminated

“And” / “or”
 Internal and External aids: 
• Internal Aids those found within the statute: Title or
Preamble of the statute, Definitions, Chapter
Headings, Marginal Notes, Punctuations, Provisos,
Explanation, Saving Clauses and non-obstante

Aids to Clauses.
• External Aids not contained in the statute: Historical
Interpretation background, Statement of objects and reasons,
original Bill as drafted and introduced, Debates in
the Legislature, State of things at the time a particular
legislation was enacted, Judicial construction, Legal
dictionaries and Commonsense.

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