Internal aids of Interpretation and

Construction of Statutes
 INTERNAL AIDS TO INTERPRETATION
• Language and it’s limitation.
• What is Statute ? It’s Origin, Nature & Scope.
• Basic approach
– (a) Read Statute as a whole and
– (b) If Language is plain, do not stretch / contract it.
• Difficulty arises when language is not clear. Therefore comes
the role of interpretation / construction and their distinction.
• Broadly two interpretation aids are available:-
– (1) Internal aids - which are existing in the Statutes itself
– (2) External aids - which are found outside the Statutes.
 PREAMBLE
• Dictionary meaning : Introduction or
Preliminary Statement
– Preamble contains main object of the Act
– Preamble cannot be referred, if language of the
enactment is clear.
– Preamble is a key to open the mind of the makers
of the act and the mischief which they intended to
remove.
– Preamble in Constitution of India.
• Rulings:-
– Kesavanand Bharati v/s State of Kerala ( 1973 - SC )
Declared by majority that preamble is part of the
constitution
– State of West Bengal v/s Anwar Ali ( 1952 - SC ) Preamble
to “ West Bengal Special Courts Act, 1950 “ referred to
end the dispute.
– Kedar Nath v/s State of West Bengal ( 1953 - SC ) Identical
approach as above in No. (2) –” West Bengal Criminal Law
Amendment Act, 1949 “
– Rastriya Mill Mazdoor Sangh v/s N.T.C ( 1996 - SC ) Held,
Preamble cannot be invoked when language is clear.
“Textile Undertaking (Takeover of Management) Act,
1983.”
 TITLE
• Short / Long Title - Purpose of title is to give a general
description about the object of the act. Reference to
IPC, CPC, Cr. PC, I.D. Act etc.
• Title is not considered if language is clear. Rulings:-
– Ashwini Kumar v/s Arbinda Bose ( 1952 - SC ) “Supreme
Court Advocates (Practice in High Courts) Act, 1951.” It’s
Long title “ An Act to authorize advocates of Supreme Court
to Practice as of right in any High Court “ was referred to
end the controversy.
– Manoharlal v/s State of Punjab (1961 - SC ) “Punjab Trade
Employees Act. 1940 “ - Title referred to settle the dispute.
 HEADING
• Heading are of two kinds
– Heading prefixed to a section
– Heading prefixed to a group or set of sections.
• Heading is treated as preamble to above.
• Heading is not useful if language is clear.
• Reference to IPC S. 299 to 348. Various heading for group
of offences in various section. Rulings:-
– Bhinka v/s Charan Sing (1959 - SC ) “U.P. Tenancy Act, 1939”
S.180 Heading of section “ Ejectment of Person occupying land
without title “ was referred by court for resolving the dispute.
 MARGINAL NOTES
• Inserted at the side of sections and express the effect of
sections. Unlike in our Constitution of India, marginal notes in
other enactments are added by drafters. Occasionally they
are inaccurate. They are hence not part of the Statutes.
Courts do not depend upon them now, unlike in past.
• But in the case of our Constitution of India, marginal notes
are added by the constituent assembly, hence they are
referred in interpretation. Rulings:-
– Charanlal Shah v/s NandKishor Bhatt ( 1973 - SC ) “Representation
of People’s Act, 1951” S. 117 and S. 86 (2) Madura Coats v/s It’s
Workmen ( 1977 - SC ) “Payment of Bonus Act, 1965” S. 31-A (3) S.P.
Gupta v/s President of India. ( 1982 - SC )
 CONTEXT
• Study of surrounding provisions provide answers
to an ambiguous or equivocal or intricate word.
Read entire Statute. Study the context in which
word is used.
• Examples:-
– S. 302 Punishment for Murder. Words like Murder,
Death, Culpable Homicide u/s 6(46) , 299, 300 IPC
provide answer to questions arising in the study of S.
302.
– S. 497 IPC on Adultery. Study the Context.
 PUNCTUATION AND BRACKETS
• Full-stop, comma, colon, Semi-colon, hyphen,
oblique, bracket etc.
• Before 1850 in England, Punctuation played no
role in interpretation.
• In India, Courts usually give importance to them
but if thereby the meaning obtained is doubtful
then the courts interpret the provisions as if no
punctuation marks exist and arrive at the
meaning.
• Rulings:-
– A.K. Gopalan v/s State of Madras ( 1950 - SC ) Article
22(7) of Constitution having commas interpreted.
– Judgment in above case overruled in Shambhunath
Sarkar v/s State of West Bengal ( 1973 - SC )
– Ashwini Kumar v/s Arbinda Bose ( 1952 - SC )
Punctuation not followed by court
– Moh. Shabir v/s State of Maharashtra ( 1979 - SC ) S.
27 “Drugs and Cosmetics Act, 1940.”
– Strange Case of Sir Roger Casements (accused
literally hanged by a comma)
 ILLUSTRATIONS
• Provisions are made practical through Illustrations.
• However, they are not treated as complete.
• They cannot control plain meaning.
• Interpretation cannot be made contrary to
Illustrations.
• No extended or restricted meaning can be given to
provisions on the basis of illustrations.
• IPC is full of illustrations.
• References to S. 299, 300, 88 etc. of IPC.
• Rulings:-
– Shambhunath v/s State of Ajmer ( 1965 - SC )
Illustrations in S. 101 and 106 of “ Indian Evidence
Act, 1872 ” referred Principle evolved on
interpreting illustrations.
– Moh. Syedol Ariffin v/s Y.O. Gark ( 1916 - PC )
Evidence Act S. 32(5) - Illustration ( L ) referred.
DEFINITION AND INTERPRETATION CLAUSE
• Natural meaning of some words are extended or restricted through definition /
interpretation clause in the enactment. Sometimes particular meaning is provided. It
cannot be used to explain same word in other enactment unless such enactments are
Pari Materia.
• Exceptions are :-
– I.D Act s. 2(j) ‘ Industry ’ / BIR Act s.3(19) ‘ industry ‘
– I.D Act s. 2(g) ‘ Employer ’ / BIR Act s.3(14) ‘ employer ‘
– I.D Act s. 2(k) ‘ Ind. dispute ’ / BIR Act s.3(17) ‘ Ind. dispute‘ Above words carry different meaning
in each act.
• Following words indicate definition
– ‘Means’ ........ exhaustive meaning constructed
– ‘Means and includes’ ……” exhaustive meaning constructed “
– ‘Includes’ ...... enlarges ordinary meaning
– ‘denotes’ ...... confined to the ambit of the word.
– ‘deemed to be’ ...... creates a fiction
– ‘that is to say’ ...... Illustrative of meaning
• Examples:-
– The Indian Contract Act, 1872 S. 2 For Interpretation Clauses
– IPC S. 6 to 51 Most of which are definition clauses.
• Rulings: -
– Pradyat Kumar v/s Chief Justice, Calcutta (1956 - SC )
Constitution Art. 229(1), 367(1) & General Clauses Act, 1897
S. 16(1)
– State of Bombay v/s Hospital Mazdoor Sabha ( 1960 - SC ) I.D.
Act S. 2(j) ‘ Industry’.
– Ardeshir v/s Bombay State ( 1962 – SC ) Factory Act S. 2(m) &
S.6 referred.
– Delhi Judicial Service Association, Tis Hazari Court v/s State of
Gujarat ( 1991 – SC ) Art. 129 of Constitution of India,
referred.
 PROVISO
• Ordinarily for exception to main section or exemption from it, Proviso
is added in the section.
• General rule on Proviso is - it Limits the ambit of the section, which it
qualifies.
• If proviso contradicts main enactment, then proviso prevails as it
speaks the last intention of the legislature. However attempt to
reconcile both should be made first.
• Rulings:-
– T. Devdasan v/s Union of India (1964-SC ) Constitution of India Art 16(1) and
16(4)
– Ishwarbhai v/s Motibhai ( 1966 - SC ) Bombay Tenancy & Agricultural Land
Act,1948 S. 43(c) - Proviso
• Example of Proviso :- IPC S. 300 Exception - 1 & Proviso 1 to 3.
 EXCEPTION AND SAVING CLAUSES
• Exception is added to an enactment for exempting something which would otherwise
fall in the ambit of main provision.
• Ordinarily, in conflict with operative part, operative part prevails over exception and
only in rare cases exception prevails over operative part.
• Difference between Proviso and Exception : Section is followed by proviso and proviso
applies in certain circumstances whereas exceptions apply in all circumstances.
• Example of Exceptions :-
– IPC S. 76 to 105
– IPC S. 300 Exception 1 to 5
• Saving clauses are appended in cases of repeal and re- enactment of a Statute to
ensure the continuation of past rights.
• Example:-
– General Clauses Act, 1897 S. 29
– Hindu Marriage Act, 1955 S. 29 (1 to 4)
– Hindu Adoption and Maintenance Act, 1956 S. 30.
 RULES
• Rules are understood as showing procedure necessary for
administration and execution of main Act. Sometimes rules
provide clarification for ambiguous provision of the Act.
Rules are considered as part of Statutes.
• Examples:-
– (1) I.D. Act – 90 Rules
– (2) BIR Act – 76 Rules
• Rulings:-
– (1) TELCO v/s Gram Panchayat (1976 – SC ) Bombay Village
Panchayat Act, 1933, S .89 and Rule 108. Meaning of ‘House’
– (2) 1913 – Calcutta Case CPC, 1908 S. 107
 FICTIONS
• Fiction is a legal assumption which , In Fact, does not
exist.
• Examples:-
– Hindu Marriage Act, 1955 S. 29 (1)(2)(3)
• Rulings:-
– State of Bombay v/s Pandurang ( 1981-BH ) S.16(1) Bombay
Buildings ( Control and Eviction ) Act, 1948 & Bombay
Buildings ( Control and Eviction ) Ordinance, 1948.
– K.S Dharmanandan v/s Central Government & Others (1979 –
SC ) S. 5(2)(d) and S. 6 of Prevention of Corruption Act, 1947
 EXPLANATION
• Explains meaning of a particular provisiom
• Doubt, Confusion, Ambiguity, vagueness etc removed
• Offers additional support to the object of the provision
• It cannot take away statutory right which is awarded 
• Court’s duty to harmonize in case of conflict between
main provision and the explanation.
• Examples:-
– Cr. P.C S.125(1) & (3) Explanation on ‘wife’
– IPC S. 299 Explanation 1 to 3
 SCHEDULE
• Schedule indicates how claims or rights under the act
are asserted or powers exercised.
• It comes at the end of the act.
• It is part of the act.
• In conflicts between Schedule and the Act, Act prevails.
• Examples:-
– Constitution of India. Schedule 1 to 12.
– I.D. Act - Schedule 1 to 5.
– BIR Act - Schedule 1 to 3. Rulings:- Alphalia Pharmaceuticals
Ltd. v/s State of Maharashtra ( 1989 – SC