legislation.

Each word must be

interpreted by letters, and the
Introduction interpretation must not exceed the scope
of the legislation. It is a legal theory that
applies in a narrow manner or in a strict
The legal community has long engaged in manner of interpretation to legal
discussion and consideration over the legislation such as the United States
strict interpretation of tax and penal laws. Constitution. The bench’s ability to read a
On the one hand, when serious financial text in written form that is provided inside
obligations or criminal consequences are the four boundaries of a legal document
involved, these rules must be interpreted must be evaluated. The constitution must
with clarity and accuracy. be rigorously construed in its original
meaning.
However, the notion of justice and
fairness demands that people not be This form of construction is used in
unnecessarily burdened or punished by an taxation and criminal legislation. In strict
excessively stringent interpretation of construction interpretation, the courts
these rules. refer to the literal rule. The literal rule,
alternatively known as the simple rule, is
a traditional rule used by English courts. It
Meaning of strict interpretation is a guideline of law interpretation that in
the first instance, the grammatical
According to the legal principle of strict interpretation of words must be followed.
construction, contracts and laws should This is the earliest construction rule to
be interpreted strictly and literally by which judges refer when referring to strict
their exact language. It emphasizes construction. Even today, judges utilize it
reading the language literally and since they do not have the authority to
narrowly, without considering the intent, make laws. In each and every system of
spirit, or larger context of the law or interpretation, it is the primary and first
contract, only the plain meaning of the interpretation of laws. In other words, it’s
text.Strict construction aims to preclude just what the law says rather than what
sweeping or imaginative interpretations the law was meant to express.
by restricting the scope and applicability
of laws or contracts to just that which is The term “strict construction” refers to “a
expressly and indisputably stated in the close or narrow reading and
text.To prevent any overreach and interpretation of a legislation or written
guarantee that people are held to the document.” In cases involving a dispute
precise provisions of the law or contract, over terms of legal meaning, the bench is
this principle is frequently applied in legal sometimes called upon to determine a
situations. construction or interpretation of an
ambiguous or confusing phrase. The
What is a strict construction of common law tradition has created a
a penal statute number of maxims and guidelines that
help courts interpret legislation or
The term “strict construction” refers to a agreements such as contracts. Strict
statute that is strictly construed in construction occurs when ambiguous
legal language is treated as an accurate Court to ignore conditions specified in the
and precise interpretation and no further exemption notification.
fair evaluations or justifiable
consequences are considered. When A mandatory rule must be carefully
interpreting legislation affecting the obeyed, but a directory rule may be
subject’s liberty, strict construction is satisfied with sufficient adherence.
recommended, but only after verifying When legislation prescribes a certain Act
that all conditions are met before the to be performed in a specific manner and
subject’s liberty is restrained.In terms of states that failure to comply with the said
penal law, strict construction must be requirement results in serious
used in penal legislation, which implies consequences, such requirement is
that penal statutes may not be broadened mandatory.
by assumption or purpose beyond the fair
meaning of the language employed or the It is the basic principle of interpretation
interpretation that is fairly justified by its that if a statute directs that something
provisions. These statutes will not be must be done, it must be done in the
construed to include offenses or people manner specified and not in any other
other than those expressly defined and way.
provided for in their wording. The rule of
Where legislation is criminal in nature, it
liberal is aided by the rule of strict
must be rigidly construed and obeyed.
construction under penal statutes, which
states that any complexity in a penal State of Punjab v. Ram Singh, (1922)
statute should be settled in favor of the
defendant. According to strict The facts of the case seem to be that a
construction criteria of Maxwell, the constable was caught wandering in a
gravity of the criminal legislation should public spot with a gun, having been
be determined. Penal legislation must be intoxicated while on duty. During a
strictly construed, as stated in Smith v. medical check, he abused the doctor. It
Wood (1889) and Kamal Prasad v King- was determined that the policeman was
Emperor (1947). capable of committing the most crimes as
a result of his drinking. The Supreme
Court construed strict construction in
accordance with Maxwell standards,
which are based on the seriousness of
Case laws Penal legislation, and found it justified to
punish him for his misbehavior.
State of Jharkhand v. Ambay Cements,
(2005) Bakhtawat Singh v. Balwant Singh, (1927)

The judgment, in this case, was decided The Allahabad High Court held that if
by a three-judge panel of the Supreme punishment has been issued for failing to
Court, and it was determined that: observe the requirements of any
legislation, it shall be construed strictly.
The exemption clause must be rigorously
construed, and it is not available to the Difference between strict and liberal
construction of penal statutes
Strict Construction of penal statutes interpretation can be expanded to grasp
Liberal Construction of penal the attitudes and things change.
statutes
7. This strict construction can be
1. Strict Construction states that used even if just one interpretation is
each word in legislation must be needed. This statute construction
interpreted letter by letter, and the is performed when a statute does not
interpretation must not go beyond the allow for two or more interpretations.
scope of the statute. Liberal
construction indicates that the 8. A strict interpretation is necessary
interpretation must be liberal in order to for sales tax. For the prevention of
advance the legislation or accomplish the animal cruelty, a liberal interpretation is
legislation’s purpose. necessary

2. Courts favour literal rule under 9. The strict construction is

this construction. Courts favour the interpreted rigidly by the courts. They do
golden rule or mischief rule under this not mistake in their interpretations of the
construction. legislation, and the decision is solely
based on the original text. The
3. Taxing and criminal laws are liberal construction is freely interpreted
strictly construed. The Employers by the courts. They are not bound by the
State Insurance Act and the Contract exact interpretation of the law and can
Labour Act are both liberally construed. interpret it in a variety of ways using
liberal construction.
4. Strict construction denies
widening the law, resolving all reasonable
disputes against the applicability of penal
Acts, and disabling statutes. Liberal
construction broadens the law by
resolving any reasonable uncertainties
against the applicability of welfare laws, Case laws
unclear words or sentences, and disabling
Ravula Subba Rao and Another v. the
statutes.
Commissioner Of Income-tax, (1956)
5. It refers to the process through
In this case, there is a distinction between
which legislation is broadened in order to
strict and liberal construction in respect to
express legislative purpose. It refers
the following question: “Why should a
to the process through which legislation
statute be given a strict or liberal
is constrained in order to express
interpretation, depending on the
legislative purpose.
situation? The only possible accurate
6. This construction implies that the response is that the sort of construction
bench believes that the original text has used gives effect to the legislative
all of the answers to any present or future intention. Sometimes, in order to make
difficulties. If the legislation is unclear the legislation effective, a liberal
or ambiguous in nature, this construction is required, and sometimes,
such construction will defeat the
legislature’s intention. If this is the correct
understanding of the rule of construction
to be followed, then a strict or liberal
construction is simply a method of
extending or restricting the scope of a
statute in order to convey the legislative
meaning. If this is the proper position to
be given strict and liberal constructions, it
would make no difference whether the
statute in question was penal, criminal,
remedial, or in exemption of common
right, because the distinction based on
this classification would be meaningless.”

Conclusion

Thus, liberal and strict interpretations of

penal legislation are applied to interpret
regulations in their own way. The strict
interpretation of penal legislation is
carefully construed in favour of the
individual being prosecuted. In the event
of an ambiguity in the text of the
provision, this rule suggests a predilection
for the subject’s liberty. Criminal and
penal laws must be rigidly construed and
cannot be widened by intention,
interpretation, or fair considerations. If a
liberal interpretation is established in
criminal legislation, it must be for the
advantage of the public interest. Penal
laws should not have a retrospective
effect since it is harmful to the accused’s
interests. The literal rule of interpretation
will be used by the courts in strict
interpretation. The golden rule of
interpretation, or the mischief rule, will
be applied by the courts in liberal
interpretation.