Interpretation of Statutes

By:
Dr. Nalini R
Associate Professor
BMS College of Law
Bengaluru
 Interpretation is derived from the latin term
“Interpretari” which means to explain or to
understand or translate.
 It is the primary function of the court.
 It is the process of ascertaining the meaning

of the words used in a statute.

Meaning :
 Interpretation is the art of finding out the

true sense of an enactment by giving the

words their natural and ordinary meaning.
Definition :-

 According to Salmond, “Interpretation” is the

process by which the court seeks to ascertain
the meaning of the legislature through the
medium of authoritative forms in which it is
expressed.
 Prof. Gray:- “the process by which a judge

constructs from words of a statute book, a

meaning which he either believes to be that
of the legislature, or which he proposes to
attribute to it, is called interpretation”.
Need for Statutory Interpretation
 Ambiguity
 Wording may be inadequate
 New Developments
 Changes in the use of Language
. Importance of Interpretation of Statutes
 Legislative Language:-Legislative language

may be complicated for a layman, and hence

may require interpretation
 Legislative Intent :the intention of legislature

assimilates two aspects-the concept of

meaning
Circumstances in which the
Interpretation is needed
The Supreme court held that when the courts
has to go for the interpretation in
 Keshavji Ravji and Co. v Commissioner of

Income tax.(1990)
1. There is ambiguity in the statutory
language.
2. If the words used in the statute are on their
own term and do not manifest the intention
of the legislature.
Rules of Interpretation
 Primary rules
 Secondary rules
1. Literal rule of Interpretation
 Ist rule of Interpretation
 Legislative intention must be gathered.
 Express language of the statute should be
construed literally.
 It should not be given restrictive interpretation.
 Ita Scrptia----add words ,modify, letter of law
 When the language of the provision is plain and
clear, court cannot enlarge the scope of the
provision.
1. Motipur zamindary co. private limited v
State of Bihar ( Green vegetable case )
- The question was whether sugarcane fell
within the term “ Green Vegetable” in entry 6
of the schedule.
- No sales tax could be imposed under the
Bihar Sales Tax Act,1947 on its sale.
2. R v Harris ( Nose biting Case )1836 7 C & P
446
- The defendant had Bit off victims nose
- The Statute made it an offence only :- to stab,

cut or wound.
- Applying the Literal rule the Act of biting did

not come under with in the meaning of stab,

cut or wound as these words implies some
instrument has to be used.
- Therefore the defendant was Acquitted.

- Conviction Quashed
Golden Rule
 Is that the words of the Statute must primafacie be
given their ordinary meaning.
 It is yet another rule of construction that when the
words of the Statute are clear, plain effect must be
given by the courts , irrespective of the
consequences.
 It is said that the words themselves best declare
the intention of the law giver.
 It is a compromise between Literal rule and
Mischief Rule.
 It gives the words of a statute their plain and
ordinary meaning.
1. Lee v Knapp ( Road Traffic Case)
- Sec 77 (1) of the Road Traffic Act, 1960

( England) imposes the condition that the

driver of the Motor Vehicles “ Shall Stop” his
vehicle, if any accident occurs.
- The issue raised was :-
- with in how many seconds or minutes, the
driver should stop the vehicle.
2. The Supreme Court applied The Golden
“Rule of Interpretation in Golakanath’s Case
AIR 1967 SC 1643, in this case Supreme
Court applied the Golden Rule of
interpretation held that the Parliament cannot
amend the constitution affecting the
provision under part III of the Constitution
(Fundamental Rights) of the constitution.
2. Mischief rule of InterpretTION
 In the case of ambiguity in the wording of a
statute, it becomes more difficult to use
either the literal or golden rules.
 In that situation, it is open to the courts to

apply the mischief rule.

Essentials of Mischief rule
 Interpretation should only be what has been
but of what may be
 Legislative intention must be granted.
 Object or purposive oriented interpretation

should not cause violence to the other plain

language.
 To remove the mischief's, particularly social

mischief's the court should see the changing

needs of the society.
  Re-Heydons Case( College Property Case)
- Later, after some time, the college leased the
same parcel to another man, named Heydon, for a
period of eighty years in return for rents.
- Less than a year after the parcel had been leased to
Heydon,
- parliament enacted the Suppression of Religious
Houses Act, 1535( Act of Dissolution) by the
Statute,
- the property of the college was taken away by the
crown and all the previous leases and instruments
stood cancelled.
4 Principles of this Case
- What was the “Common Law” before making
the Act.
- What was the mischief in which Common Law
did not provide remedy.
- What was the remedy provided to cure the
mischief
- Reasons for providing the remedies
2. Smith v Hughe ( Prostitute Case)
 The Queen Bench looked in to the main

object of the Act which provides :-

- To enable people to walk along the street

without being molested or solicited by

prostitutes and they shall live peacefully.
- Court held: No matter the prostitute is

soliciting while in a street or is standing in a

doorway or balcony is an offence and upheld
the decision of the trial court
Beneficial Construction
Beneficial Construction :-is an interpretation
to secure remedy to the victim who is unjustly
denied of relief.
Eg- EPF, ESI, Maternity Benefit Act,1961.
2. Provision of bail in Cr.pc
Essentials
 Legislative intention
 If 2 interpretations are possible , the

court ,must lean to the interpretation which

provides the benefit.
 When multiple meanings are possible, the

court shall pick the beneficial one.

 Salus populi est suprema lex– welfare of the

people
 Liberal construction
Case Laws
1. B . Shah v P.O, Labour Court ( Maternity Case )
 B.C was applied to Sec 5 Of the Maternity
Benefit Act, 1961.
 The question arose was whether Sundays must

also be included
 The court held that :- Sundays must be

included and act was intended to not only

subsist but also making up for her dissipated
energy and take care of her child.
◦ The Act must also read in the light of Art 42.
2. Union of India v Prabhakaran Vijay
 Liberal construction to sec 123 of the
Railways Act, 1989.
 Sec 123 :- Untoward accident to include
accidental falling of a passenger from a train
carrying passengers.
 The question was untoward accident will
cover the instance of a passenger who fell
down and died while trying to board the
train
 The relevant provision was deemed a
beneficial piece of legislation and hence
received liberal and wider interpretations and
hence the definition was expanded to include
a passenger who fell off the train in the
process of boarding
Statute must be read as a whole
- This is because the same word may mean
different things in the same statute when
used in different places.
- Also every provision and every word must be
looked at in the context in which it was used
and not in isolation.
- Every part of the provision must be given
meaning and effect in context of statute.
Essentials
 It is called as the Rule of Contextual
Interpretation.
 Legislative Intention must be gathered.
 Each phrase must, section, provision should

be read as a whole.
 An attempt can be made by the courts to

Reconcile Provisions.
 Harmonious construction of the provisions

can be made by the court to the words used

in the statute.
Case Laws
1. In Ram Narain v State of U.P (Circumstances &
Property Case)
- The Appellants “ Circumstances' & Property” were
taxed under Sec 14(1) (f) of the U.P Towns Areas Act.
Appellants Contention was :
1. Even though he was carrying on business in town area
.
- And so interpreting it becomes clear that residence

with in town area is not an essential condition for

imposition of tax on circumstances & property
- Because circumstances means one status & financial

position which include income from trade.

2. In News papers Limited v State Industrial
Tribunal
- The Appellant dismissed one of their typist

employee
- On an intervention by the U.P Working

Journalists union with which the dismissed

employee had no connection
- The matter was referred to Industrial Tribunal
SC held :
- Reference bad on the ground that it was not

industrial dispute.
- Of which the dismissed employee was a

workmen of employers.
- It was held that Industrial Dispute Act as a

whole should be read while interpreting the

constituent parts of it .
Strict Construction of Penal Statutes
 Maxwell Explains that the Strict Construction
of the Penal Statutes manifest itself in 4
ways:-
1. Express Language
2. Legislature must explain the elements of
offence.
3. Punishments.
4. Jurisdiction and the Procedure.
 Men’s Rea in Statutory Offences
- This has been expressed in the well known
maxim “Actus non facit reum nisi mens sit rea”.
- This means Act and Intention together make

a crime .
- Mens Rea is a state of mind in a Human

Being crimes involving mens rea are of two

types:-
- A. Crimes of basic intent.
- B. Crimes of specific intent.
1. M.V Joshi v M.U Shimpi ( Butter Case)
- The Appellant was convicted under Sec 16 of

the prevention of Food Adulteration Act,

1954 for selling adulterated Butter.
Appellant Contention :
-It was not butter with in the meaning of the

rules made under the Act because

-The SC held :-
-Butter means butter made from milk, where as

he sold butter made from curd.

1. Virtual Soft Systems Ltd v Commissioner of
I.T ( 2007)
 It was observed that Sec 271 , Income Tax

Act, 1961 is a penal provision and there are

well established principles for the
interpretation of such a penal provision.
 the statute creating the penalty is the first

and the last consideration and must be

construed with in the term and language of
the particular statute.
Strict Construction of Taxing Statute
Taxing Statute :-
 A Taxing Statute means a Statute or an Act

making compulsory imposition whether of tax

or fee.
 There are 3 stages in the imposition of tax

1. Declaration of Income in respect of persons or

property.
2. Assessment of tax that qualifies the sum
which the person is liable has to pay.
3. Methods of recovery, if he person taxed does
not voluntarily pay, if not paid
Essential Ingredients
 No presumption and Assumption.
 Statutes imposing taxes are to be strictly
construed.
 A taxing enactment does not apply by
implication and a logical extensions are
prohibited.
 Equitable considerations cannot be taken in to
account while construing the taxing statute.
 A taxing statute generally has no retrospective
operation unless the language unequivocally
makes it so .
1. In Baidyanath Ayurved Bhawan v Excise Commissioner, U.P ( Alcohol case )

- Certain medicines containing tincture and

spirit etc, were manufactured by the appellant
company.
- Since “ Tincture and Spirit” contains alcohol ,
the appellant was asked to pay duty tax.
Appellant Contention :-

1. The word “ Alcohol” means under the Act means the

pure Alcohol.
2. Since “ Pure Alcohol’’ was not used in he preparation
of Medicines, no duty tax could be imposed.
SC Held :-
 The word “ Alcohol” does not have 2 interpretations
 It has clear and unambiguous meaning
 If a medicine or toilet preparation contains alcohol, It

is subject to duties under the Act.

 Therefore it is irrelevant whether the medicine

contains pure alcohol or some substance which in

itself contains alcohol .
2. Motipur Zamindary Co.Pvt Ltd v State of
Bihar ( Green Vegetable Case )
Harmonious Construction

 According to this rule of interpretation, when

two or more provisions of the same statute
are repugnant to each other,
 then in such a situation the court, if possible,

will try to construe the provisions in such a

manner as to give effect to both the
provisions by maintaining harmony between
the two.
Essentials
 Legislative intention
 No violence should be caused to the plain

language of the statute.

 This Construction is applicable by courts for

the interpretation of constitution .

 The provision of an Act doesn’t matter

another provision of the same Act.

 Harmonious Construction is not possible

where 2 provisions are quite distinct and

separate.
1. CIT v Hindustan Bulk Carriers ( Carrier Case)
- The Supreme Court laid down 5 principles of
Harmonious Construction :
 The court must avoid a head on clash.

 The provision of one section cannot defeat the

provision contained in another.

 Courts must also keep in mind that interpret on that

reduces one provision to a useless number or dead

is not a harmonious construction.
 To harmonize is not to destroy any statutory

provision or render it fruitless.

 Legislative intention must be gathered.
2. M.S. M Sharma v Krishna Sinha ( News paper case )
 Editor of a news paper – was asked to show cause as

to why should he not be punished – Breached or

privilege of a house – By Art 194 ( 3)
 In a petition under Sec 32 of the constitution he

argued that what ever the action taken against him

would be contrary to the Art 19 ( 1) (a) of the
 SC Art 19(1)(a) and Art 194( 3) – harmoniously

interpreted
 -- it was necessary upheld F.R was subjected to

Privileges of Houses .
 Petition was dismissed.
Secondary Rules
 Ejusdem Generis
 Ejusdem Generis – it is a latin term which

means of the “same kind”.

 Where a law lists specific classes of persons

or things and then refers to them in general.

 The general statements only applies to the

same kind of things or persons listed

Applicability of this Doctrine :-

1. The statute contains an enumeration of

specific words which constitute a class.
2. The said class is not exhausted by the
enumeration.
3. The general words follow specific words
there must be distinct genus or category
running through the bodies already named.
4. This rule must be applied with caution and
not pushed too far.
5. Legislative Intention
.1.Evans v Cross (Traffic Sign Case )
- The words other devices had to be

interperated in Sec 48 ( 9) of the Road Traffic

Act, 1930.
- Sec 48( 9) defines traffic signals to include :-
- A. All signals
- B. warning sign boards
- C. Direction posts
 4. Signs or other devices
 The question was “ painted white line on a

road is a traffic sign or not .

 The court applied ejusdem generis and held

painted white line is not a traffic sign.

 Because Device means here are things ( but it

is not which is not painted as a line on road.

1. U.P Electricity Board v Hari Shankar ( Electricity Board
Case)
- The SC laid down the following 5 essential elements of
this rule :-
- A. the statute contains an enumeration of specific
words.
- B. the subjects of enumeration consitute a class or
group.
- C. that class or category is not exhausted by
enumeration.
D. the general terms follow enumeration.
E. Legislative intention must be so that a statutory series
must be read ejusdem generi.
Nositur aa Sociis
 Noscere means- to know and sociis means
Association
 Noscitur a sociis means to know from the

Association or that the meaning of the word

can be gathered from the content, or by the
company it keeps.
 The associated words indicate a guide line for

ascertaining the meaning of a doubtful word.

General Principles
 Legislative intention
 Only when the doubt arises in the Minds of

the courts of a particular word.

 There must be association of words
 The associated words explain and they must

limit each other

1. In State of Assam v Ranga Mohammed ( Writ
case )
- The Respondent filed a petition for the “ Issue
of Quo- Warranto” questioning the “ Right of
the Appellant” to
- A) Transfer & b) Post a District Judge
 The word posting is associated with the words
“ Appointment and Promotion”
 Therefore posting means that kind of posting
( in nature should be appointment and a
promotion )
 2. InDevendra M Surti v State of Gujurat
( Private Dispensary case )
- Interpretation of the word “profession” was in

question under sec 2 (4) of the Bombay Shops

and Commercial Establishments Act, 1948
 The SC interpreted the word “profession” in the

light of other associated words “ business &

trade
 And held that private dispensary of a medical

doctor could not come with in the meaning of

the word “ Profession”
Reddeono Singula Singulis
 In short a common Sense way of Interpreting
by applying the general words follow some
particular things and “ NO” to Those words
which are not applicable.
 Where there are general words of description

following enumeration of particular things,

such general words are to be construed
distributively.
Case Laws
- M’neill v Crommelin
- If the general words will apply to “something”

and “not to others.

- It has to be applied to those things to which

they will and

Not to
- Those to which they will not apply, that rule
is beyond all controversy.
Mandatory & Directory Statute
 Ordinarily, the use of the word “May “ mean
that the legislature intends the statute is
directory only.
 While the use of the word “ Shall” & “Must”

mean that the intention is that the statute is

imperative or obligatory.
 An act does in violation of a mandatory statute

will be invalid
 whereas in case of directory enactments, it is

enough if the provisions have been

substantially complied with.
Case Laws :-
1. In Marathawada University v S.B Chavan
The SC held :
- Where the university Act confers powers of

dismissal of an officer of the university, with

the approval of the chancellor.
- The Vice Chancellor cant exercise that power

with out the prior approval of the Chancellor.

2. In Kehar Singh v UOI
- The Supreme Court observed that the power

of the president of India under Article 72 of

the constitution to grant or refuse pardon
cannot be questioned on merits.
- But where the president himself erroneously

says that he is not empowered to look in to

the merits of such a case.
- It is subjected to Judicial Review
Perpetual & Temporary statute
Perpetual Statute ( Permanent Statute )
 - Imp points :-

1. When no time has been fixed for duration.

2. Remains in force until it is repealed.
3. Does not mean it cannot be repealed.
4. It is perpetual because it is not abrogated
with a passage of time or due to non usage.
 Temporary Statute :-
Important Points :-
1. The duration is fixed.

2. Expires when duration is completed even

without repeal.
3. Purpose of the statute may be temporary but
effect need not be temporary.
4. Once expires cannot be made effective by mere
amendment.
5. Can be revived only by re-enact or by enacting
a statute expressly reviving it.
Effects of Expiry of Temporary Statute

1. Legal proceedings under expired statute:-

The legislature very often enacts in the
temporary Act a saving provision similar in
effect to sec 6 of the General Clauses Act,
1897
2. Notification, orders, rules, made under
temporary statute. , the normal rule is that
any notification ,order, scheme rule form or
bye laws made or issued under the Act will
also come to an end with he expiry of the
Act.
3. Expiry does not make the statute dead for all
purposes:-
 Temporary statute not dead for all purposes
even if there is no saving clause.
 Nature of right/obligation is to be examined
whether it is enduring or not.
 Person prosecuted and sentenced under the
temporary statute when it was in force, cannot
be released before completion of his sentence
even if statute expires.
4. Repeal by a Temporary Statute.
Consolidating and Codifying Statute
- A Consolidating statute is one which collects
all statutory provisions relating to a
particular topic in one place in to one
legislative Act.
- With minor amendments and improvements ,
if necessary.
- Case Laws
- R.P Kapur v Pratap Singh
- In State of West Bengal v Nripendra
Codifying Statute
- A Codifying Statute is a statute which states
exhaustively the whole of the law upon a
particular subject.
Aim :
a. To declare the law on a subject so that the judge
by true interpretation of words decide meaning
with in the parameters of such declared law.
 Case Laws

1. L Jankiram Iyer v P.P.M Nilkantha Iyer( Res

Juidcata has to be taken as per CPC )
2. In Rohini Kumari v Narendra Singh
Aids to the Interpretation
 Internal Aids :- Title,
 Commencement Clause,
 Preamble,
 Definition
 Marginal notes,
 Explanation,
 Illustrations
 Exceptions /Saving Clause/
 Punctuations
 Schedules
 Heading
 Provisio
 DESH
/LAMP/SIPPE
External Aids
1. Dictionaries
2. Text Books
3. Historical Background
4. Parliamentary History
5. Bills: Speeches & Debates
6. Change in Social Conditions
7. Social and Economic Developments and Scientific Inventions
8. International Conventions
9. Selection Committee Report
10.Foreign Decisions
11. Government Publications
12. Administrative Practice
13. Contemporeanea Expositio
14. Reports of Commissions
 15. Reference to different Statutes
a. Statutes "in pari materia“
b. Incorporation/Reference of earlier statute
c. Assistance of latter statutes
d. Codifying statutes
e. Consolidating Statutes.
IP/RCB/F/GT/SRH/DC/P/A