INTERNAL AIDS TO INTERPRETATION – LECTURE II

3. Heading and Title of a chapter

• Sections are grouped together in the form of Chapters, prefixed by Heading and Title.

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”

• The rules following in case of preamble are also followed in case of headings.

Key points:

i. It is regarded as giving the key to the interpretation of the clauses ranged under it and
might be treated as ‘preambles’ to the provisions following it.

ii. It can be only taken when the enacting words are ambiguous. So they may be referred to
as to construction of doubtful expressions, but cannot be used to restrict the plain terms of
an enactment.

iii. The heading of one group of sections cannot be used interpret another group of sections.

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.

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.

4. MARGINAL NOTES

• Marginal notes are those notes which are inserted at the side of the sections in the Act
and 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, AIR 1955 SC 661 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.

• S.P. Gupta v/s President of India AIR1982 SC 1922

 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 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.

• K.P. Varghese v/s Income Tax Officer AIR 1981 SC 1922,

•  it was stated by the Supreme Court that while it is undoubtedly true that the marginal
note to a section cannot be referred to for the purpose of construing the section, it can
certainly be relied upon as indicating the drift of the section or to show what the section
is dealing with.

• It cannot control the interpretation of the words of a section particularly when the
language of the section is clear and unambiguous but, being part of the statute, it prima
facie furnish some clue as to the meaning and purpose of the section.

Thus, we can say that besides this a lot of cases shows that in case of constitutional
matter, the marginal note can be taken into consideration

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.

• The purpose of a definition clause is two fold:

i. To provide a key to the proper interpretation of the enactment, and

ii. To shorten the language of the enacting part by avoiding repetition of the same words
contained in the definition part every time the legislature wants to refer to the expressions
contained in the section.

Construction of definition may be understood under the following headings:

i. Restrictive and extensive definitions:

ii. Ambiguous definition.

iii. Definitions subject to a contrary context.

i. Restrictive and extensive definitions

• The definition of a word or expression in the definition section may either be restricting
of its ordinary meaning or may be extensive of the same.

• Mean: whenever in definition clause “mean” is used it can be asserted that the definition
is restrictive and exhaustive. In other words, restrict the meaning of the words given in
the definition section.

• Include: on the other, if the word “include” is there then it should mean that the word
defined is not restricted to the meaning assigned to it.

• Means and includes: here, the definition should be considered as exhaustive.

• To apply to and include: definition is understood as extensive.

Example: Karnataka Power Transmission Corporation v. Ashok Iron Works Pvt. Ltd.,
(2009) 3 SCC 240]

• In this case definition of term “person” as defined in section 2 (m) of the Consumer
Protection Act, 1986 was in question.

• Section 2 (m) defines person in the following term: person includes: a firm whether
registered or not, a Hindu undivided family, a co – operative society, every other
association of persons whether registered under the Societies Registration Act, 1860 or
not.
• The question before the Court was whether the term includes company or not.

• Held: it has been held that since the term “include” is used in the definition the term
“person” should be given extensive meaning and include a “company” although it is not
specifically named therein.