INTERNAL AIDS TO INTERPRETATION

Prepared by: Mayank Kapila

Assistant Professor (Law), M.S. College, Motihari,
B.R.A. Bihar University, Muzaffarpur Contact:-
[email protected]
Meaning of Interpretation
 Interpretation means the process of ascertaining the true
meaning of the words used in a statute.
 The object of interpretation of statutes is to determine the
intention of the legislature conveyed expressly or impliedly
in the language used.
 As stated by Salmond, “By interpretation or construction is
meant, the process by which the courts seek to ascertain the
meaning of the legislature through the medium of
authoritative forms in which it is expressed.”
 Judges take the help of both Rules and Aids in the
interpretation of Statutes.
 The Hon’ble Supreme Court of India in K.P. Varghese v.
Income Tax Officer, Ernakulam, (AIR 1981 SC 1922),
observed that interpretation of statute being an exercise in
the ascertainment of meaning, everything which is logically
relevant should be admissible. A Rule is a uniform or
established course of things. There are three Primary rules of
interpretation of statutes- Literal, Golden and Mischief. An
Aid, on the other hand is a device that helps or assists. For the
purpose of construction or interpretation, the court has to
take recourse to various internal and external aids.
Internal Aids- refers to those aids which are
available in the statute itself, though they may not
be part of enactment.

 Title of the Statute  Illustrations

 Preamble  Proviso
 Statement of Object and  Explanation
Reasons  Schedule
 Headings and Title of  Exception and Savings
Chapter Clauses
 Marginal notes  Punctuation
 Definition/Interpretation
Clause
Title of the Statute
 Long title – Every Statute is headed by a long title and it
gives the description about the object of an Act.
For e.g. (i) the long title of the Code of Civil Procedure,
1908, is – “An Act to consolidate and amend the laws relating
to the procedure of the Courts of Civil Judicature”.
(ii) The Dowry Prohibition Act, 1964- “An Act to prohibit the
giving or taking of dowry”.
 In Re Kerala Education Bill (1959 1 SCR 995), the
Supreme Court held that the policy and purpose may be
deduced from the long title and the preamble.
 In Manohar Lal Singh v. State of Punjab (1961 SCR (2)
343), Long title of the Act is relied as a guide to decide the
scope of the Act.
 Short Title – The short title of an Act is for the purpose
of reference & for its identification. It ends with the year
of passing of the Act.
 For e.g. Section 1 of the Code of Civil Procedure, 1908,
says –“This Act may be cited as the Code of Civil
Procedure, 1908. It shall come into force on the first day
of January, 1909.”
 It is used purely for reference only and does not have any
role in the interpretation of the provisions of an Act.
Limitations of Title as Aid to
Interpretation
 Title has no role to play where the words employed in
the language are plain and precise and bear only one
meaning.
 Title can be called in aid only when there is an ambiguity
in the language giving rise to alternative construction.
 Title cannot prevail over the clear meaning of an
enactment.
 Title cannot be used to narrow down or restrict the plain
meaning of the language of the statute.
 In Manoharlal v. State of Punjab AIR 1961 SC 418- it was
held that no doubt the long title of the Act extracted by the
appellant’s counsel indicates the main purposes of the
enactment but it cannot control the express operative
provisions of the Act.
 Similarly in the case of Amarendra Kumar Mohapatra v.
State of Orissa AIR 2014 SC 1716- the Court has held that
the title of a statute determines the general scope of the
legislation, but the true nature of any such enactment has
always to be determined not on the basis of the label given to
it but on the basis of its substance.
Preamble
 The main objective and purpose of the Act are found in the
Preamble of the Statute. It is a preparatory statement and
contains the recitals showing the reason for enactment of the
Act. For e.g. the Preamble of the Indian Penal Code, 1860, is
“Whereas it is expedient to provide a general Penal Code for
India; it is enacted as follows”.
 The preamble is an intrinsic aid in the interpretation of an
ambiguous Act.
 In Kashi Prasad v. State (AIR 1950 All 732) the court
held that even though the preamble cannot be used to defeat
the enacting clauses of a statute, it can be treated as a key for
the interpretation of the statute.
Importance of the Preamble of
Constitution
 The wording of the Preamble highlights some of the
fundamental values and guiding principles on which the
Constitution of India is based. The Preamble serves as a
guiding light for the Constitution and judges interpret the
Constitution in its light. In a majority of decisions, the
Supreme Court of India has ruled that neither it nor any of
its content is legally enforceable. The Preamble plays pivotal
role when there is ambiguity in provisions of any Article or
interpretation becomes confusing. This is when the spirit of
the Preamble becomes the guiding factor. The Preamble is
stem, root and source of the constitution
 In Re: Berubari Union (1) (1960) 3 SCR 250, the court held
that the Preamble to the Constitution containing the declaration
made by the people of India in exercise of their sovereign will, no
doubt is “a key to open the minds of framers of the
Constitution” which may show the general purposes for which
they made the several provisions in the Constitution but
nevertheless the Preamble is not a part of the Constitution.
 In Kesavananda Bharti V. State of Kerala (1973) 4 SCC 225,
held that the Preamble to the Constitution of India is a part of the
Constitution and has a significant role to play in the interpretation
of statues, also in the interpretation of provisions of the
Constitution.
Limitations of Preamble as Aid to
Interpretation
 Preamble can be resorted to only when the language of a
provision is reasonably capable of alternative
construction.
 Preamble cannot either restrict or extend the meaning
and scope of the words used in the enacting part.
 In case of conflict between Preamble and a section, the
preamble would succumb and section shall prevail.
 Preamble cannot be regarded as source of any
substantive power or of any prohibition or limitation.
 In A.C. Sharma v. Delhi Administration AIR 1973 SC 913, the
appellant challenged his conviction under Section 5 of the
Prevention of Corruption Act, 1947. His main ground was that
after the establishment of the Delhi Special Police Establishment,
the anti-corruption department of the Delhi Police has ceased to
have power of investigating bribery cases because the preamble of
the Delhi Special Police Establishment Act, 1946 pointed out to
this effect. The court, however, held that no preamble can
interfere with clear and unambiguous words of a statue.
Section 3 of the Delhi Special Police Establishment, 1946
empowered the Delhi Special Police also to investigate such cases.
 In Rashtriya Mill Mazdoor Sangh v. NTC (South
Maharashtra), the Supreme Court while interpreting certain
provisions of the Textile Undertakings (Take over of Management)
Act, 1983 held that when the language of the Act is clear,
preamble cannot be invoked to curtail or restrict the scope
of an enactment.
Headings and Title of a Chapter
 Headings give the key to the interpretation and may be
treated as preambles to the provisions following them.
 In Krishnaiah v. State of A.P. and Ors. (AIR 2005 AP
10), it was held that headings prefixed to sections cannot
control the plain words of the provisions. Only in the case of
ambiguity or doubt, heading or sub-heading may be referred
to as an aid in construing provision.
 In Durga Thathera v. Narain Thathera and Anr. (AIR
1931 All 597), the court held that the headings are like a
preamble which helps as a key to the mind of the legislature
but do not control the substantive section of the enactment.
 In Novartis Ag. v. Union of India, the sectional headings were
relied on while interpreting Section 5, 3(d), 2(1) (j) and (ja) and
83 of the Patents Act, 1970.
 In Union of India v. ABN Amro Bank , held that the heading
of a section can be regarded as key to interpretation of the
operative portion of said section. If there is no ambiguity in the
language of the provision or if it is plain and clear, then heading
used in said section strengthens that meaning.
 In N.C. Dhoundial v. Union of India, it was held that
“Heading” can be relied upon to clear the doubt or ambiguity in
the interpretation of the provision and to discern the legislative
intent.
Limitations of Headings as Aid to
Interpretation
 Headings can neither cut down nor extend the
plain meaning and scope of the words used in the
enacting part.
 Headings cannot control the clear and plain
meaning of the words of an enactment.
Marginal Notes/Side Notes
 Marginal notes are inserted at the side of the sections in an
Act and express the effect of the sections stated.
 Unless the marginal notes in the enactments are added by the
assent of legislature they cannot be relied upon.
 Occasionally they are inaccurate and they are not considered
to be a part of the statutes.
 However, the marginal notes in our Constitution have been
added by the Constituent Assembly itself and hence, they are
frequently referred and relied upon for interpretation of the
provisions.
 In Bengal Immunity Company v. State of
Bihar, the Supreme Court held that the
marginal notes to Article 286 of the
Constitution was a part of the Constitution
and therefore, it could be relied on for the
interpretation of that Article.
 In S.P. Gupta v. President of India, the
Supreme Court held that if the relevant
provisions in the body of a statute firmly
point towards a construction which would
conflict with the marginal note, the
marginal note has to yield. If there is any
ambiguity in the meaning of the provisions
in the body of the statute, the marginal note
may be looked into as an aid to
construction.
 In Union of India v. Dileep Kumar Singh AIR 2015 SC
1420 – the apex court held that marginal note appended to
Section 47 of Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1955 makes
it clear that idea of section 47 was not to discriminate against
employees who acquire disability during service.
Limitations of Marginal Notes as Aid to
Interpretation
 Marginal notes are very rarely used for interpretation as they
are not considered to be a good aid to construction.
 Only those marginal notes can be used for construing a
provision which have been inserted with assent of the
legislature.
 Marginal notes can be called in aid only when language
suffers from ambiguity and more than one construction is
possible.
 Marginal notes cannot frustrate the effect of a clear
provision.
Definition/Interpretation Clause
 The object of a definition is to avoid the necessity of frequent
repetitions in describing the subject matter to which the
word or expression defined is intended to apply.
 A definition contained in the definition clause of a particular
statute, not from any other statute, should be used for the
purpose of that Act.
 Definition or interpretation clauses are generally included in
a statute with the purpose of extending the natural meaning
of some words as per the definition given or to interpret such
words, the meanings of which are not clear, by assigning
them the meaning given in the definition clause.
 Whenever the words means or means and includes are used in the
definition clause, they afford an exhaustive explanation of the
word in the statute.
 The language in which both words ‘includes and shall not include’
are used, such definitions are inclusive and exclusive.
 The word includes is generally used in the definition clause to
enlarge the ordinary and natural meaning of that particular word.
 In M/s. Hamdard (Wakf) Laboratories v. Deputy Labour
Commissioner, the Supreme Court observed that when an
interpretation clause uses the word ‘includes’, it is prima facie
extensive.
 When it uses the words ‘means and includes’, it will afford an
exhaustive explanation to the meaning which for the purposes of
the Act must invariably be attached to the word or expression.
 In Ramanlal Bhailal Patel v. State of Gujarat, the Supreme
Court observed that the use of the word ‘includes’ indicates an
intention to enlarge the meaning of the word used in the
statute. The use of the word denotes in the interpretation clause
shows that the expressions denoted therein are covered within the
ambit of that particular word. The expression deemed to be in the
interpretation clause creates a fiction. The use of the phrase that is
to say in the definition clause is illustrative of the meaning and not
restrictive.
 In State of Bombay v. Hospital Mazdoor Sabha, the JJ Group of
Hospitals was held by the Supreme Court an industry within the
meaning of the Industrial Disputes Act, 1947. The court observed
that Section 2 (J) of the Act of 1947 is an inclusive definition
clause and is, therefore, liable to be interpreted in an extended
way and not in a restrictive way.
Exceptions to use of Definitions
 Generally, the meaning given to a particular word in the
interpretation clause will be given to that word wherever it is
used in that statute.
 The only exception to this rule is that if the court feels that in
the context of a particular provision the definition clause, if
applied will result in an absurdity, the court will not apply
the definition clause while interpreting that provision.
 Similarly, the definition clause of one Act cannot be used to
explain the same word used in another statute. However, if
both the statutes are in pari-materia and the word has been
defined in one Act, the same meaning may be assigned to the
word in the other Act also.
Illustrations
 Illustrations are sometimes appended to a section of a statute
with a view to illustrate the provision of law explained
therein. A very large number of Indian Acts have illustrations
appended to various sections.
 They being the show of mind of the legislature are a good
guide to find out the intention of the farmers. But an
enactment otherwise clear cannot be given an extended or a
restricted meaning on the basis of illustrations appended
therein.
 The Supreme Court in Mahesh Chand Sharma v. Raj
Kumari Sharma observed that illustration is a part of the
section and it helps to elucidate the principle of the section.
 However, illustrations cannot be used to defeat the provision or to
modify the language of the section. This is reflected by a legal
maxim “Exampla illustrant, non-restringent legem” which means
examples only illustrate but do not narrow the scope of rule of a
law.
 In Mudliyar Chatterjee v. International Film Co., it was
observed that in construing a section, an illustration cannot be
ignored or brushed aside.
 In Mohommed Sydeol Ariffin v. Yeah Ooi Gark, it was held
that the illustrations are of relevance and value in the construction
of the text of the section, although they donot form part of the
section. Therefore, they should not be readily rejected as
repugnant to the sections.
Proviso
 In some sections of a statute, after the main provision is spelled
out, a clause is added, with the opening words “provided that…”.
 The part of the section commencing with the words “Provided
that…” is called Proviso.
 A proviso is a clause which is added to the statute to accept
something from enacting clause or to limit its applicability.
 As such, the function of a proviso is to qualify something or to
exclude, something from what is provided in the enactment
which, but for proviso, would be within the purview of
enactment.
 The general rule about the interpretation of a proviso is that
proviso is not to be taken absolutely in its strict literal sense but is
of necessity limited to the ambition of the section which it
qualifies.
 The court is not entitled to add words to a proviso with a view to
enlarge its scope. The proviso must reasonably be conveyed by the
words used therein.
 Where the proviso is directly repugnant to a section, the proviso
shall stand and be held a repeal of the section as the proviso speaks
the latter intention of the makers.
 In Union of India v. Sanjay Kumar Jain, the function of
proviso was declared that it qualifies or carves out an exception to
the main provision.
 In Vishesh Kumar v. Shanti Prasad, the Supreme Court held
that a proviso cannot be permitted by construction to defeat the
basic intent expressed in the substantive provision.
 In Union of India v. Dileep Kumar Singh, it has been
held that though a proviso does not travel beyond the
provision to which it is appended, golden rule is to read the
whole Section, inclusive of the proviso in such manner that
they mutually throw light on each other and result in a
harmonious construction.
 In Shimbhu v. State of Haryana, the Apex Court held
that a proviso should be construed in relation to the main
provision.
 In State of Punjab v. Kailash Nath, the Supreme Court
held that the proviso has to read as an exception to the main
provision of a section.
 A proviso may serve four different purposes:
-qualifying or excepting certain provisions from the main
enactment;
-it may entirely change the very concept of the intendment of the
enactment by insisting on certain mandatory conditions to be
fulfilled in order to make the enactment workable;
-it may be so embedded in the Act itself as to become an integral
part of the enactment and thus acquire the tenor and colour of the
substantive enactment itself; and
-it may be used merely to act as an option addenda to the
enactment with the sole object of explaining the real intentions of
the statutory provision.
Explanation
 An Explanation is added to a section to elaborate upon and
explain the meaning of the words appearing in the section.
The purpose is not to limit the scope of the main section but
to explain, clarify, subtract or include something by
elaboration.
 They are inserted with the purpose of explaining the
meaning of a particular provision and to remove doubts
which might creep up if the explanation had not been
inserted.
 It does not expand the meaning of the provision to which it is
added but only ties to remove confusion, if any, in the
understanding of the true meaning of the enactment.
 A large number of Indian Acts have explanations attached to
various sections. For instance, Section 108 of the Indian Penal
Code which defines the word ‘abettor’ has five explanations
attached to it.
 Sometimes, explanations are inserted not at the time of
enactment of a statute but at a later stage. For instance, the
two explanations to Section 405 of the Indian Penal Code,
which defines the crime of ‘Criminal breach of trust’, were
inserted in 1973 and 1975 respectively.
 In Bengal Immunity Company v. State of Bihar, the Supreme
Court has observed that an explanation is a part of the section to
which it is appended and the whole lot should be read together to
know the true meaning of the provision.
 In Bihta Co-operative Development Cane Marketing Union v.
State of Bihar, the Supreme Court said that in case of a conflict
between the main provision and the explanation attached to it, the
general duty of the court is to try to harmonise the two.
 In S. Sundaram v. V.R. Pattabhiraman, the Supreme Court
observed that it is now well settled that an explanation added to a
statutory provision is not a substantive provision in any sense of
the term but as the plain meaning of the word itself shows it is
merely meant to explain or clarify certain ambiguities which may
have crept in the statutory provision.
 The object of an explanation to a statutory provision is:
-to explain the meaning and intendment of the Act itself;
-where there is any obscurity or vagueness in the main enactment,
to clarify the same so as to make it consistent with the dominant
object which it seems to subserve;
-to provide additional support to the dominant object of the Act in
order to make it meaningful and purposeful.
 An explanation cannot in any way interfere with or change the
enactment of any part thereof but where some gap is left which is
relevant for the purpose of the explanation, in order to suppress
the mischief and advance the object of the Act it can help or assist
the court in interpreting the true purport and intendment of the
enactment.
Limitations of Explanation as Aid to
Interpretation

 Explanation cannot have the effect of modifying

the language of section.
 Explanation cannot control the plain meaning of
words of the section.
Schedules
 Schedules at the end contain minute details for working out the
provisions of the express enactment. The expression in the
schedule however, cannot override the provisions of the express
enactment.
 Schedules attached to an Act generally deals with as to how claims
or rights under the Act are to be asserted or as to how powers
conferred under the Act are to be exercised. The Schedules are
appended towards the end of the enactment.
 Sometimes, a schedule may contain some subjects in the form of a
list as is the case with the Constitution of India to enable the
Union and the states to legislate in their respective fields.
 Schedules are parts of the Statute itself and may be looked into by
the courts for the purpose of interpreting the main body of the
statute.
 Similarly, while interpreting the schedules help may always be
taken from the main body of the Act to find out the true spirit of
the Act.
 Sometimes, a schedule may contain transitory provisions also to
enable an Act to remain in existence till the main provisions of the
Act begin to operate, such as the Ninth Schedule of the
Government of India Act, 1935.
 In M/s. Aphali Pharmaceuticals Limited v. State of
Maharashtra, the Supreme Court held that in case of a clash
between the schedule and the main body of an Act, the main body
prevails and the schedule has to be rejected.
 In Jagdish Prasad v. State of Rajasthan and others, the
Supreme Court ruled that the purpose of a schedule is to advance
the object of the main provision and deletion of schedule cannot
wipe out provisions of an Act in effect and spirit.
Exception and Saving Clause
 Exceptions are generally added to an enactment with the
purpose of exempting something which would otherwise fall
within the ambit of the main provision.
 For instance, there are ten exceptions attached to section
499, IPC which defines ‘Defamation’. These ten exceptions
are the cases which do not amount to defamation.
 Similarly there are five exceptions attached to section 300 of
the Indian Penal Code which defines ‘murder’. These five
exceptions are the cases which are not murders but culpable
homicide not amounting to murder.
 An exception affirms that the things not exempted are
covered under the main provision.
 In case a repugnancy between an operative part and an
exception, the operative part must be relied on.
 Some decisions have, however, been given on the principle
that an exception, being the latter will of the legislature,
must prevail over the substantive portion of the enactment.
 In Collector of Customs v. M/s. Modi Rubber Limited, the
Supreme Court held that whenever there is a provision in the
nature of an exception to the principal clause thereof; it must
be construed with regard to that principal clause.
 Saving clauses are generally appended in cases of repeal and re-
enactment of a statute.
 By this the rights already created under repealed enactment are
not disturbed nor new rights are created by it. A saving clause is
normally inserted in the repealing statute.
 In case of a clash between the main part of statute and a saving
clause, the saving clause has to be rejected.
 In Agricultural and Processed Food Products v. Union of
India, the Supreme Court while interpreting the saving clause in
the Export Control Order, 1988 held that the clause only saved
the rights which were in existence before the order was issued and
it did not confer any new rights which were not in existence at
that time.
Punctuation
 Punctuation is a minor element and weight be given to it
only when a statute is carefully punctuated and there is no
doubt about its meaning.
 In ancient times, statutes were passed without punctuation
and naturally, therefore, the courts were not concerned with
looking at punctuation.
 But in modern times statutes contain punctuation. Therefore,
whenever a matter comes before the courts for
interpretation, the courts first look at the provision as they
are punctuated and if they feel that there is no ambiguity
while interpreting the punctuated provision, they shall so
interpret it.
 However, while interpreting the provision in the punctuated form
if the court feels repugnancy or ambiguity, the court shall read the
whole provision without any punctuation and if the meaning is
clear will so interpret it without attaching any importance
whatsoever to the punctuation.
 In Aswini Kumar v. Arabinda Bose, the Supreme Court held
that a punctuation cannot be regarded as a controlling element and
cannot be allowed to control the plain meaning of a text.
 Therefore, in Shambhu Nath Sarkar v. State of West Bengal,
the Supreme court held that the word ‘which’ used twice in
Article 22(7) of the Constitution, followed by a comma after each,
was to be read conjunctively because the context so required.
 In Mohammad Shabbir v. State of Maharashtra,
interpretation of Section 27 of the Drugs and Cosmetics Act,
1940 was in question. This provision says that whoever
‘manufactures for sale, sells, stocks or exhibits for sale or
distributes’ a drug without licence would be liable to
punishment.
 The Supreme Court held that mere stocking of a drug is not
an offence and an offence is made out only when stocking is
for sale.
 There is no comma after the word ‘stocks’ which means that
the words ‘stocks or exhibits’ are both qualified by the words
‘for sale’ used thereafter.