Parts of Statute
Parts of Statute
county. Typically, statutes command or prohibit something, or declare policy. The word is often used to
distinguish law made by legislative bodies from the judicial decisions of the common law and the
regulations issued by Government agencies.
a. Title
Long title – The Long Title of a Statute is an internal part of the statute and is admissible as an aid
to its construction. Statute is headed by a long title and it gives the description about the object of
an Act. It begins with the words- “An Act to ………….” For e.g. the long title of the Criminal Procedure
Code, 1973 is – “An Act to consolidate and amend the law relating to criminal procedure”. In recent
times, long title has been used by the courts to interpret certain provision of the statutes. However,
its useful only to the extent of removing the ambiguity and confusions and is not a conclusive aid to
interpret the provision of the statute.
In Re Kerala Education bill, the Supreme Court held that the policy and purpose may be deduced
from the long title and the preamble. In Manohar Lal v State of Punjab, Long title of the Act is relied
as a guide to decide the scope of the Act.
Although the title is a part of the Act, it is in itself not an enacting provision and though useful in
case of ambiguity of the enacting provisions, is ineffective to control their clear meaning.
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. E.g. “The Indian Penal Code, 1860”; “The Indian Evidence Act,
1872”. The Short Title is generally given at the beginning with the words- “This Act may be
called……………” For e.g Section 1 of The Indian Evidence Act, 1872, says –“This Act may be called,
The Indian Evidence Act, 1872”. Even though short title is the part of the statute, it does not have
any role in the interpretation of the provisions of an Act.
b. Preamble
The main objective and purpose of the Act are found in the Preamble of the Statute. Preamble is
the Act in a nutshell. It is a preparatory statement. It contains the recitals showing the reason for
enactment of the Act. If the language of the Act is clear the preamble must be ignored. The
preamble is an intrinsic aid in the interpretation of an ambiguous act.
If any doubts arise from the terms employed by the Legislature, it has always been held a safe
means of collecting the intention to call in aid the ground and cause of making the statute and to
have recourse to the preamble.
In Kashi Prasad v State, 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.
c. Headings and Title of a Chapter
Headings are of two kinds – one prefixed to a section and other prefixed to a group or set of
sections. Heading is to be regarded as giving the key to the interpretation and the heading may be
treated as preambles to the provisions following them.
In Krishnaih V. State of (A.P. 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, 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.
d. Marginal Notes
Marginal notes are the notes which are inserted at the side of the sections in an Act and express the
effect of the sections stated. Marginal notes appended to the Articles of the Constitution have been
held to constitute part of the constitution as passed by the constituent assembly and therefore they
have been made use of in construing the articles.
In Wilkes v Goodwin, the Court held that the side notes are not part of the Act and hence marginal
notes cannot be referred.
e. Definitional Sections/ Clauses
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 should be used for the purpose
of that Act. Definition from any other statute cannot be borrowed and used ignoring the definition
contained in the statute itself.
f. Illustrations
Illustration in enactment provided by the legislature are valuable aids in the understanding the real
scope.
In Mahesh Chandra Sharma V.Raj Kumari Sharma, (AIR 1996 2 7 SC 869), it was held that
illustrations are parts of the Section and help to elucidate the principles of the section.
g. Proviso
The normal function of a proviso is to except and deal with a case which would otherwise fall
within the general language of the main enactment, and its effect is confined to that case. There
may be cases in which the language of the statute may be so clear that a proviso may be construed
as a substantive clause. But whether a proviso is construed as restricting the main provision or as a
substantive clause, it cannot be divorced from the provision to which it stands as a proviso. It must
be construed harmoniously with the main enactment.” [CIT vs. Ajax Products Ltd. (1964) 55 ITR 741
(SC)]
h. Explanations
An Explanation is added to a section to elaborate upon and explain the meaning of the words
appearing in the section. An Explanation to a statutory provision has to be read with the main
provision to which it is added as an Explanation. An Explanation appended to a section or a sub-
section becomes an integral part of it and has no independent existence apart from it.
The purpose of an Explanation is not to limit the scope of the main section. An Explanation is quite
different in nature from a proviso; the latter excludes, except and restricts while the former
explains, clarifies or subtracts or includes something by introducing a legal fiction.
i. Schedules
Schedules form part of a statute. They are at the end and contain minute details for working out the
provisions of the express enactment. The expression in the schedule cannot override the provisions
of the express enactment.
j. Punctuation
Punctuation is a minor element in the construction of a statute. Only when a statute is carefully
punctuated and there is no doubt about its meaning can weight be given to punctuation. It cannot,
however, be regarded as a controlling element for determining the meaning of a statute.”