Module II – Internal Aids to Interpretation

Meaning

Internal aids are those that derive meaning from the internal structure of the text and common
dictionary meaning. Internal aids would include interpretation sections of the Act which state
the meaning of words used in the Act.

Internal aids mean those materials which are available in the statute itself, though they may
not be a part of the enactment. These internal aids include long title, preamble, headings,
marginal notes, illustrations, punctuation, proviso, schedule, transitory provision, etc.

When internal aids are not adequate, court has to take recourse to External Aids. External
Aids may be parliamentary material, historical background, reports of a committee or a
commission, official statement, dictionary meanings, foreign decisions, etc.

Internal Aids to Interpretation

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 (gives description about the object of an Act). For e.g., the long title of
the CPC, 1908, is – “An Act to consolidate and amend the laws relating to the procedure of
the Courts of Civil Judicature”.
In recent times, long title has been used by the courts to interpret certain provision of the
statutes. However, it is 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 olden days, the long title
was not considered a part of the statutes and was, therefore, not considered an aid while
interpreting it. Therefore, has been a change in the thinking of the courts in recent times and
there are numerous occasions when help has been taken from the long titles to interpret
certain provision.
In Manohar Lal v. State of Punjab, 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. 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 object 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
there are uncertainties about the language used by the Legislature, a reliable way to
understand their intent is to refer to the reasons and objectives stated in the preamble of the
statute. This has been a recognized and secure method for clarifying the purpose behind the
law.
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 it 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.

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 – Illustrations 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 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,
excepts 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.
j) Exception – Exception are generally added to an enactment with the purpose of exempting
something which would otherwise fall within the ambit of the main provision. In case of
repugnancy between exception and main enactment, the latter must be relied upon. However,
in many cases exceptions are relied being the last intention of legislature.

Difference between Proviso and Exceptions – Proviso has a wider function than exception
as, an exception only exempt certain things to fall in the main enactment, whereas, proviso
not only exempt certain cases but also provide a mandatory condition, qualification or an
optional addenda to the enactment. Proviso follows the main enactment whereas exception is
the part of main enactment.