Aids to the Interpretation

⚫ An ‘Aid’ is a device that helps or assists. While

performing the function of interpreting provision of a
statute, the court can take help from within the

⚫
statute or even outside the statute.
The former is called ‘internal aids’ and the latter is
called ‘external aids’.
⚫ In addition to the Primary, Secondary, Subsidiary

⚫
rules,
The court can also take the help of these Aids for the

⚫
interpretation.
Aids to the interpretation can be classified into:-
1. Internal Aids to the Interpretation.
2. External Aids to the Interpretation.
1. Internal aids may also be called as Intrinsic aids to
Interpretation.
- These aids are called as Internal aids because they
are present in the statute itself.
- These parts of the statute are internal parts of the
statute, each part has its own place and value in the
statute.
The following are the internal
parts of the statute
1. Title :- Short title/ Long title
- Title : an Inscription or heading a name.
- Every act contains a title , the end of the title of every
statute contains the year in which it is enacted.
- The parliament or state legislature enacts several Acts
in every year.
- The title of the Statute is “Short title”
- It gives the serial number to such Acts.( that serial
number also becomes the Part of the statute.
- The name of the statute is short title.
- Eg ;- HMA,1955
- The Minimum Wages Act, 1948
⚫ The short title of the Act is only its name and is given

⚫
solely for the purpose of facility of reference.
It is merely a name given for identification of the Act
and not for description and generally ends with the
year of passing of the Act, such as the Indian
Contract Act, 1872, the Indian Penal Code, 1860, the

⚫
Indian Evidence Act, 1872.
Even though it is a part of the statute, it has no role
to play while interpreting a provision of the Act.
Neither can it extend nor can it delimit the clear
meaning of a particular provision.
 2. Long title : in comparison with the long title , the
short title is not a useful guide to construction.
- It being only an abbreviation for the purpose of
reference.
- Long title is a good guide regarding the object, scope
and purposes of the Act.
- It always precedes the preamble .
- In olden days, it was nor given much importance, but
in modern it has been taken as one of the important
part of the statute and taken for the interpretation
- Best example for the long title : long title of the Cr.
PC– which provides for : An Act to Consolidate and
amend the laws relating to Criminal Procedure.
Case law :
1. Kedarnath v State of West Bengal
- Interpretation of sec 4 of the West Bengal Criminal
Law Amendment Act, 1949 was involved
- Sec 4 provides : the state government was empowered to
choose as to which particular case should go for reference
to the special court to be tried under special procedure.
- This was challenged as violative of Article 14 of
constitution
- SC Rejected the contention and held the long title of the
Act: an ac to provide for the more speedy trial and more
effective punishment of certain offences was clear enough
to give the state government a discretion as which
offences deserve special courts and special procedure.
⚫ In Poppatlal Shah v. State of Madras, AIR 1953 SC 274-
the title of the Madras General Sales Tax, 1939, was
utilised to indicate that the object of the Act is to impose

⚫
taxes on sales that take place within the province.
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.
⚫ 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.
In Fisher v. Raven 1964 AC 210 (HL)
Interpretation of the words ‘obtained credit’ in Section

⚫ 13(1) of the Debtor’s Act, 1869 was involved.

The House of Lords looked at the long title of the Act
which reads ‘An Act for the Abolition of Imprisonment for
Debt, for the punishment of fraudulent debtors, and for
other purposes’ and held that the words refer to credit for
the payment of money.
⚫
Limitations of Title as Internal Aid to Construction
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.
 3. Preamble :-
- It provides the main objects of the Act.

⚫
- Preamble is the key to open the minds of the legislature.
Therefore, in case of any ambiguity or uncertainty, the
preamble can be used by the courts to interpret any

⚫
provision of that statute. But there is a caution here.
The apex court has held in Maharishi Mahesh Yogi
Vedic Vishwavidyalaya v. State of M.P. AIR (2013) 15
SCC 677– the court cannot have resort to preamble when
the language of the statute is clear and unambiguous.
⚫ Similarly it has been held that help from preamble
could not be taken to distort clear intention of the
legislature– Burrakar Coal Company v. Union of
India AIR 1961 SC 954.
⚫ In re Kerala Education Bill, 1957, it was observed
that the policy and purpose of the Act can be

⚫
legitimately derived from its preamble.
In Global Energy Ltd. v. Central Electricity
Regulatory Commission– it was held that the
object of legislation should be read in the context of

⚫
the Preamble.
In Maharashtra Land Development Corporation v.
State of Maharashtra, it was held that Preamble of
the Act is a guiding Light to its interpretation.
⚫ Another important example is found
in Kesavananda Bharati v. State of Kerala, AIR
1973 SC 1461– wherein the apex court strongly relied
on the Preamble to the Constitution of India in
reaching a conclusion that the power of the
Parliament to amend the constitution under Article
368 was not unlimited and did not enable the
Parliament to alter the Basic Structure of the
Constitution.
⚫
⚫
In A.C. Sharma v. Delhi Administration AIR 1973 SC 913
In this case, 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.
⚫ 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.
Limitations of Preamble as Internal Aid to

⚫
Construction
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.
 4. Applicability/ Commencement Clause :
- Every statute contains commencement clause in first
or second section.
- It provides when the statute commences.
- It contains heading, short title, extent and
commencement.
- Eg :- Maternity Benefit Act, 1961 applies to the whole
of India.
Case Law :-
a. Eastern coal fields Ltd v Sanjay Transport Agency
- The section, heading constitutes an important part
of the Act itself, and may be read not only as
explaining the provisions of the section.
- But also it affords a better key to the construction of
the provisions of the statute
- Than might be afforded by the preamble.
 5. Definition or Interpretation Clause :- Sec 2 (a) or Sec
2 (i)
- It is a legislature device adopted for the sake of
convenience in order to avoid verbatim reproduction .
- Almost every statute contains ‘definitions’, these
definitions pertain to certain words occurring in the
statute.
- It contains several clauses, sections, sub sections
- Certain words and expressions are defined in
definition clause of a statute, because to give the
meaning of a word or expression every time it occurs
in a statute is not practicable.
- To avoid this sort of repetitions, definitions are
employed.
⚫ 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.
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.
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.
Case Laws:
1. S. Gopal Reddy v State of A.P
- When definition has provided in statute, Dictionary
meaning cannot be looked in to.
2. J.K Industries Ltd v Chief Inspector of factories and
Boilers
- the court has to look in to that definition and not to
the general understanding of the words.
⚫ 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 Delhi Judicial Service Association v. State of

⚫
Gujarat
The words “including the power to punish for
contempt of itself” occurring in Article 129 of the
Constitution of India were construed by the Supreme

⚫
Court.
This Article declares the Supreme Court to be a Court

⚫
of Record.
It was held that these words do not limit the inherent
power of the Supreme Court to punish for contempt
of itself as also of subordinate courts.
⚫ Commissioner of Income-Tax, Madras, v. G.R.

⚫
Karthikeyan
The question was whether prize money received by a
participant in a motor rally was ‘income’ within the

⚫
premise of Section 2 (24) of the Income-tax Act, 1961.
The Supreme Court held that several clauses in
Section 2 (24) were not exhaustive in nature and,
therefore, money received under any new head not
covered under the provision is income and so subject
to income-tax under the law.
 6. Marginal notes/ Side Notes :-
- This notes are put at one side of a section are called
marginal headings or marginal notes.
- In fact marginal notes were also referred to as aid to

⚫
construction .
Marginal notes are those which express the effect of the

⚫
sections. These are also known as side notes.
In the olden times help used to be taken sometimes from
the marginal notes when the clear meaning of enactment
was in doubt. But the modern view of the courts is that
marginal notes should have no role to play while
interpreting a statute.
⚫ The basis of this view is that the marginal notes are
not parts of a statute because they are not inserted by
the legislators nor are they printed in margin under
the instructions or authority of the legislature. These
notes are inserted by the drafters and many times
they may be inaccurate too.
⚫ However, there may be exceptional circumstances
where marginal notes are inserted by the legislatures
and, therefore, while interpreting such an enactment
help can be taken from such marginal notes. The
Constitution of India is such a case. The marginal
notes were inserted by the Constituent Assembly and,
therefore, while interpreting the Indian Constitution,
it is always permissible to seek guidance and help
from the marginal notes.
⚫ 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 Tara Prasad Singh v. Union of India, it was held
that marginal notes to a section of the statute cannot
take away the effect of the provisions.
⚫⚫ 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.

⚫ 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.
Limitations of Marginal Notes as Internal Aid to

⚫
Construction
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.
- Side Note :-
- it is a very brief precise of the section and therefore
forms a most unsure guide to the construction of the
enacting section.
- This notes are inserted by constituent assembly and
not by the legislators
 7. Heading :
- It is treated as preamble to the provisions following
them.
- The section head constitutes an important part of the
Act itself.
- It may be read not only as explaining the provisions
of the section which follows, than might be approved
by mere preamble.
⚫ In all modern statutes, generally headings are
attached to almost each section, just preceding the
provisions. For example, the heading of Section 437 of
the Code of Criminal Procedure, 1973 is “When bail

⚫
may be taken in case of non- bailable offence”.
Headings are not passed by the Legislature but they
are subsequently inserted after the Bill has become
law.
⚫ Headings are of two kinds- one which are prefixed to a
section and the other which are prefixed to a group or set
of sections. These headings have been treated by courts as

⚫
preambles to those sections or set of sections.
Naturally, the rules applicable to the preamble are
followed in case of headings also while interpreting an
enactment. Therefore, if the plain meaning of enactment

⚫
is clear, help from headings cannot be taken by the courts.
However, if more than one conclusion are possible while
interpreting a particular provision, the courts may seek
guidance from the headings to arrive at the true meaning.
⚫ A heading to one set of sections cannot act as an aid
to interpret another set of sections– Shelly v.

⚫
London County Council, 1949 AC 56
But chapter heading can be used to interpret

⚫
ambiguous provisions– Bullmer v. I.R.C.
In Sarah Mathew v. Institute of Cardio Vascular
Diseases, it was held that sectional headings have a
limited role to play in the construction of statutes.
The heading of Ch. XXXVI, Cr.P.C. is not an indicator
that the date of taking cognizance is the date on
which limitation period commences.
⚫
⚫
In Union of India v. ABN Amro Bank
It was 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.
 Tata power Co. Ltd v Reliance energy Ltd
SC held :
- The chapter, headings and the marginal notes are
parts of the statute.
- They have also been enacted by parliament, thus
without any doubt it can be used in aid of
construction.
- If the words of the statute are plain and clear, this
cant be of any help
- The courts make limited use of this Aid
⚫
Limitations of Headings as Internal Aid to Construction
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
 8. Explanation :
- It is appended to a section.
- To explain the meaning of the words contained the
section to clarify ambiguities.
- Explanation is – Interpretation, Definition, Solution,
answer, meaning of what is provided in the section or
the proviso.
- Consequently it becomes the part and parcel of the
enactment.
- It provides the additional support to the main object
of the Act and thus makes it meaningful and
purposeful.
- It clears the intendment of the Act itself.
- Eg : Indian Penal Code
⚫ Explanations 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.
⚫ There may be a case where in spite of many clauses in
a section only one explanation is attached to the
section as is the case with Section 20 of the Code of
Civil Procedure, 1908. In such a case it must be seen
as to which clause the explanation is connected
with– Patel Roadways limited v. Prasad Trading

⚫
Company.
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 M.K. Salpekar v. Sunil Kumar Shamsunder
Chaudhari, the Supreme Court observed that where
a provision is related to two kinds of
accommodation—residential and non-residential,
and the explanation attached to it refers to only
residential accommodation, it cannot control non-
residential accommodation and, therefore, cannot be
looked into in matters connected with the latter.
 Limitation of Explanation as Internal Aid to

⚫
Construction
Explanation cannot have the effect of modifying the

⚫
language of section.
Explanation cannot control the plain meaning of
words of the section.
 9. Illustrations :
- A very large number of Indian Acts have illustrations
appended to a various sections.
- It are appended to a section of a statute with a view
to illustrate the provision of law.
- Eg- Sec 378 of IPC- theft- 16 (a) to (P) Illustrations
have been appended to sec 378 of IPC.
- Illustrations cannot modify language of the section
and cannot curtail or expand the ambit of the section.
- They only explain the same.
- More ever, they cannot control the real content of the
section.
- In case of repugnance with the tort of the section,
they must give way.
- They show the mind of legislature and act as a good
guide to find out their intention.
⚫ 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
 10. Provisions :
- A Provision ordinarily carves out an exception from
the use general rule enacted in the main provision.
- However , sometimes this legitimate use is not
strictly adhered to by the draftsman and it may be in
substance.
- Generally the words “ Provided” or “Provided further
that” are used at the starting phrase of a provision.
- Colon is used at the end of the preceding sections.
- A provision cannot be inconsistent with the main
provision, if it so, it is ultrawires to the main
provision.
- A provision should be so construed with the main
part that the construction would justify its necessity.
- it is appended to the section of a statute or in deed
- T has to be limited to the ambit of the section which
it qualifies.
⚫ 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.
The real nature and function of a proviso has been effectively
laid down in following case laws:

⚫ 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.
But, in Sree Balaji Nagar Residential Assn. V. State
of Tamil Nadu, the apex court clarified that where
the main provision is clear and unambiguous,
recourse to the proviso cannot be taken to interpret it.
⚫ Binami Industries Ltd v CCT
- A provision is a qualification of the preceding
enactment which is expressed in terms too general
to be quite accurate
⚫
Limitations of Proviso as Internal Aid to Construction
Proviso is constructed in relation to the section to

⚫
which it is appended.
The ambition and scope of enacting sections cannot
be widened or curtailed by the proviso.
 11. Exceptions and Saving Clause
- Exceptions are generally added to an enactment with
the purpose of exempting something.
- Which would otherwise fall with in the ambit of the
ambit of the main provision.
- Strict construction of the exempting statute.
Eg ; Sec 300 of IPC( murder ) which provides 5
exceptions which are not murders but culpable
homicide not amounting to murder.
- In case of 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.
a. In director of Secondary Education v Pushpendra
Kumar
- The supreme court held that a provision n the
nature of an exception cannot be so interpreted as
to subserve the main enactment and thereby nullify
the right conferred by the main enactment.
 b. In Collector of Customs v M/s Modi Rubber Limited
- The SC held
- that whenever there is a provision in the nature of the
of an exception to the principal clause thereof: it
must be construed with regard to that principal
clause.
⚫
Saving 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 Shah Bhojraj Kuverji Oil Mills v. Subhash Chandra
Yograj Sinha, the Supreme Court did not allow the use of
a saving clause, which was enacted like a proviso, to
determine whether a section in an Act was retrospective

⚫
in operation.
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.
⚫
12. Schedules
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.
⚫
13. Punctuation
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.
⚫ In Dadaji v. Sukhdeobabu, the Supreme Court held
that the punctuation marks by themselves do not
control the meaning of a statute where its meaning is

⚫
otherwise obvious.
In the English case of I.R.C. v. Hinchy, it was held
that it is very doubtful if punctuation marks can be
looked at for the purposes of construction.
⚫ In Bihar SEE v. Pulak Enterprises, it was held that
punctuation mark (comma) is a minor element in the
interpretation of statute, especially in case of

⚫
subordinate legislation.
In Director of Public Prosecution v. Schildkamp,
LORD REID agreed that punctuation can be of some
assistance in construction.
Limitations of Punctuation Marks as Internal Aid to

⚫
Construction
Some jurists have opined that punctuation marks are
of no use as internal aids to construction and it is an
error to rely on punctuation marks in construing the

⚫
Acts of Legislature.
Presence of comma or absence of comma must be
disregarded if it is contrary to plain intention of the
statute.