NAME: VIJAY ROHAN KRISHNA

SEMESTER: V’ A
ROLL NUMBER: 543

LEGAL FICTION IN STATUTORY INTERPRETATION: THE EXTENT AND

SCOPE OF THE LEGISLATURE’S POWERS

Legal fiction is defined as:-

1. A legal assumption that a thing is true which either not true, or which is probably
false.
2. An assumption of law that something which is false is true.
3. A state of facts exists which has never really existed.

A legal fiction is a devise by which the law deliberately departs from the truth of things for
some reason. The legislature is quite competent to create a legal fiction, in other words, to
enact a deeming provision for the purpose of assuming existence of a fact which does not
really exist provided the declaration of non-existent facts as existing does not offend the
constitution.

In interpreting a provision creating a legal fiction, the court is to ascertain for what purpose
the fiction is created, and after ascertaining this, the Court is to assume all those facts and
consequences which are incidental and inevitable corollaries to the giving effect of the
fiction. But in so construing the fiction it is not to be extended beyond the purpose for which
it is created, or beyond the language of the section by which it is created. It cannot also be
extended by importing another fiction. A legal fiction can also be interpreted narrowly to
make the statute workable. The principles stated above ate “well settled”. But it must be
remembered that what can be deemed to exist under a legal fiction are facts and not legal
consequences which do not flow from the law as it stands. For example, a legal fiction
created by the legislature in an Act cannot be widened by the rules made under the Act.

The duty of the Courts in interpreting and ascertaining the nature of legal fiction has been
beautifully articulated by James L.J. in State of Trav-Co v. Shanmugha Vilas Cashewnut
Factory: “When a statute enacts that something shall be deemed to have been done, which in
fact and in truth was not done, the court is entitled and bound to ascertain for what purposes
and between what person the statutory fiction is to be resorted to”.

The present paper is aimed at clearly defining the power that rests with the legislature in
creating legal fictions in statutes and the extent of this power. Furthermore, the paper shall
also deal with the duty of the Courts in keeping a vigilant check on these powers of the
legislature and to ascertain whether the legal fiction devised by the legislature would be
applicable; or valid with regards to the provisions of the Constitution. To that end, the author
shall analyse the precedents set by the Supreme Court in its judgements and the principles of
statutory interpretation prevalent in the Indian legal spectrum.