INTERPRETATION OF STATUTES

PROJECT WORK
ON
MISCHIEF RULE OF INTERPRETATION OF STATUTES

SUBMITTED TO :- SUBMITTED
BY:-
DR.AMRITPAL MA’AM SHUBHAM RANA
ROLL NO.
181/15
SECTION
D

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 BCOM.LLB
(5 SEM)
TH

ACKNOWLEDGEMENT
WITH GREAT PLEASURE, WE EXTEND OUR GRATITUDE TOWARDS SHEETAL

MAM UNDER WHOSE VALUABLE GUIDANCE, CONSTANT INTEREST AND

ENCOURAGEMENT WE HAVE BEEN ABLE TO COMPLETE THE PROJECT

SUCCESSFULLY.

THIS PROJECT IS A CONSTANT SOURCE OF INSPIRATION FOR US IN THE

FUTURE.

I AM ALSO THANKFUL TO ALL THOSE WHO HELPED US CONSTANTLY IN THE

PREPARATION OF THIS PROJECT DIRECTLY OR INDIRECTLY.

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 TABLE OF CONTENTS

S NO. NAME OF THE TOPIC PAGE

NO.
1 CONSTRUCTION OF TAXING STATUE 1-11

2 MISCHIEF RULE 12

3 OBJECTIVES 13

4 CASE LAWS 14

5 ADVANTAGES/DISADVANTAGES 19

6 CONCLUSION 20

7 BIBLIOGRAPHY 21

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 INRTRODUCTION
The old procedure of conducting inquiry by a magistrate for case
instituted on police report to be tried by session court has been
abolished therefore section 225 to 237 of this code have been enacted to
prescribe the procedure for trial by session court the system of jury has
also been abolished. The provision of section from 225 to 237 and their
cases are given below.

Section 225 – Trial to be conducted by Public Prosecutor

In every trial before a Court of Session, the prosecution shall be
conducted by a Public Prosecutor

Section 226 – Opening case for prosecution

When the Accused appears or is brought before the Court in pursuance
of a commitment of the case under section 209, the prosecutor shall open
his case by describing the charge brought against the accused and stating
by what evidence he proposes to prove the guilt of the accused

It was held in hukam singh vs.state of rajastan that under section 226
of Cr.p.c
The public prosecutor has to state what evidence he proposes to adduce
for proving guilt of the accused. If he knew at the stage itself that
certain person cited by the investing agency as witnesses might not
support the prosecution case he is at liberty to state before the court that
fact.alternatively he can wait further and obtain information about the
version wich particular witness may speak in the court .if that version is
not in the support of the prosecution case if would be unreasonable to
insist on the public prosecutor to examine those person as witnesses for
prosecution
It was futher held that when case reach the stages of case envisaged in
section 231 of the session judges is obliged to take all such evidence as

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may produced in the support of prosecution.public prosecutor is
expected to produce evidence.in support of the prosecution and not in
derogation of the prosecution case . ath the said stage of public
prosecutor would be in position to take a decision as to wich among the
person cited are to be examined.if there are too many witnesses on the
same point the public prosecutor is at liberty to choose two or same
among them alone so that the time of the court can saved from
repetitious depositions on the same factual aspect.
In the instant case where the prosecution cited two catogeries of
witnessto the occurrence,one consisting of person closely related to the
victim and other consisting of witness who have no such relation ,the
public prosecutor,s duty of the court is to required him to produce
witness from the latter category subject to discretion to limit to one or
two among them. But if the prosecutor got reliable information that any
one of them among catogery would not support the prosecution version
he is free to state in court about that fact and skip the witness .the
decision in this regard has to be taken by the public prosecutor in fair
manner.
It was further held that in those cases where there are too many witness
and all of them has substained injuries at their occurrence ,the public
prosecutor in such case I not to examine all of them.if he satisfied
examining any two or three , it is open him to inform the court that he
does not propose to examine the remaining person in that catogery .this
will lessen the work-load of the court without imparing the cause of
justice.

Section 227 – Discharge
If, upon consideration of the record of the case and the documents
submitted therewith, and after hearing the submissions of the accused
and the prosecution in this behalf, the Judge considers that there is not
sufficient ground for proceeding against the accused, he shall discharge
the accused and record his reasons for so doing.

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It was held in Ram deo vs.state of rajastan that in view of section 227
before court passing the order of discharge of an accused must
considered the record and document in the case .if at this stage judicial
mind is not applied objectively th person who is not charged ,has to face
agony trial and therefore the court hs framing the charges has to follow
the provision of section 227 Cr.p.c code.the court in not expecting to
give detail reasoning at this stage but the order by itself inspire
confidence record of the case and record of the case and document have
been duly considered by the trial court because this consideration may
either lead to the discharge of framing charges.therefore consideration of
the the relevant record of the case and the document is sine qua non for
the purpose of framing of charges
Under section 227nof the cr.p.c code the court can discharge the court
prior to the framing of charges if there is any special ground of law the
court finds that it is not permissible to frame a charge.but no order of
discharge can be passed after charges are framed .After framing of
charges only courseopen is to either convic the accused or aquit the
accused.

Section 228 – Framing of charge

1. If, after such consideration and hearing as aforesaid, the Judge is of
opinion that there is ground for presuming that the accused has
committed an offence which-
a. is not exclusively triable by the Court of Session, he may,
frame a charge against the accused and, by order, transfer the
case for trial to the Chief Judicial Magistrate or any other
Judicial Magistrate of the first class and direct the accused to
appear before the Chief Judicial Magistrate, or, as the case
may be, the Judicial Magistrate of the first class, on such date
as he deems fit, and thereupon such Magistrate shall try the

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 offence in accordance with the procedure for the trial of
warrant-cases instituted on a police report;
b. is exclusively triable by the Court, he shall frame in writing a
charge against the accused.
(2) Where the Judge frames any charge under clause (b) of Sub-
Section (1), the charge shall be read and explained to the accused and
the accused shall be asked whether he pleads guilty of the offence
charged or claims to be tried

At the stages of framing of charges ,the prosecution evidences does not

commences.the magistrate therefore has to considered the question as to
the framing of charges on a general consideration of the material placed
before him by investing police officers.the standered test-proof
judgement wich to be applied by finally proof judgement wich is to be
finally applied finally the accuse guilty or otherwise is not exactly to be
applied at the stage of section 227 and 228 .at this stage even a very
strong suspicion found upon material before the magistrate wich led him
to form presumptive opinion as to the existence of factual ingredient
constituting the offence alleged ,may justify the framing of charges
against the accused in respect of commission of the offence.

it was held in state of mahrastra vs som nath thapa that if there is

ground for presuming that the accused has commited the offence,a court
can justifiably say that a prime facia case against him exist and so frame
charge against him for commiting the offence .this is on the basis of
material on record ,a court could come to the conclusion that
commission of the offence is a proble consequence ,a case for framing
the charges exists .in other word if the court thinks that the accused
might have commited the ofenc it can framed te charge against
conviction the conclusion is required to be that accused has coomitted
the offence .it is apperent that at the stage of framing of charges
,probative value of the material on record can cannot be gone into ,the
material brought on record cannot be gone into ,the material the material
bought inti reco rd by prosecution has to be accepted at the true stage.

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The apex courthas explain the practical reason for adopting that such
cross-cases shall be tried by the same court.these are :(1)it start of the
danger of an accused being convicted before his whole case is before
the court ;(2)it deters conflicting judgement being delivered upon similar
facts and (3) in reality the cases and counter cases are to all intent and
purposes different and conflicting version of one incident.

Section 229 – Conviction on plea of guilty

If the accused pleads guilty, the Judge shall record the plea and may, in
his discretion, convict him thereon
It was held in nazarath vs.state of maharastra that whena an accused
plead guilty ,conviction on the basis is not barred marely because a
serious offence providing grave sentence is involved.the rule of
prudence require that men should not be convicted for such offence
without regarding the evidence

Section 230 – Date for prosecution evidence

If the accused refuses to plead, or does not plead, or claims to be tried or
is not convicted under section 229, the Judge shall fix a date for the
examination of witnesses, and may, on the application of the
prosecution, issue any process for compelling the attendance of any
witness or the production of any document or other thing

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 The prosecution under this section apply to the court requesting for issue of
process of attendance of compelling the witness and producing of document or
other thingh .the court may when any such application is made issue the
process as required
ATTENDENCE OF WITNESS-When on arequest made by the prosecution
summons have been issued for attendance of witnesses the court cannot
subsequently dispense with such attendance marely on the ground of that the
witnesses are not appearing before the court ,if the prosecution fail to produces
witness on a discretion by the court ,the court may issue may compel the
attendance of such witness because the production of witness is the res
ponbility of the court . it is the duty of the court to take all necessary step to
compel the witness .the accused cannot be acquitted on the ground of failure of
witness to appear before the court or absence of the prosecutor.

Section 231 – Evidence for prosecution

1. On the date so fixed, the Judge shall proceed to take all such
evidence as may be produced in support of the prosecution.
2. The Judge may, in his discretion, permit the cross-examination of
any witness to be deferred until any other witness or witnesses have
been examined or recall any witness for further cross-examination.

The supreme court in bhangirnath vs. state of M.p observed that the
prosecution must prove the story it alleges.it cannot take advantage of
the witness of the defence .Nor can court can make out a new case fr the
prosecution and convict the accused on that basis .the trial before the
court of session must proceed and be delt with continousely from the
incepection to its proceed from day to day .session cannot be tried
piecemeal .once the trial commences,the session just must ,except for a
ver pressing reson which make an adjournment inevitable,proceed de die
in dim until the trial is con cluded.

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 In vijyan vs, state a women was slepping with her husband in a room
.she was awakened by the accused in the night and was taken away by
the accused and raped by the three person .the FIR was lodged after two
days .during trial her husband wasnot examined as awitness in the court.
It was held that failure to examine her husband before the court to carro
brates her evidence is certainely fatal to the case of prosecution and in
any event adverse inference can be drawn .similarlily non examining of
the investing officers result in denial of an opportunity to the defence to
test the veracity of the prosecution and its witness and in such a case
conviction cannot be sustained.

Section 232 – Acquittal
If after taking the evidence for the prosecution, examining the accused
and hearing the prosecution and the defence on the point, the Judge
considers that there is no evidence that the accused committed the
offence, the judge shall record an order of acquittal
An order of acquittal may be recorde after (a)taking the evidence of the
prosecution (b)examining the accused and (c)hearing the prosecution
and defence on point ,if the judge considered that ther is no evidenvce
that the accused has commited the offence

Section 233 – Entering upon defence

1. Where the accused is not acquitted under section 232 he shall be
called upon to enter on his defence and adduce any evidence he may
have in support thereof.
2. If the accused puts in any written statement, the Judge shall file it
with the record.
3. If the accused applies for the issue of any process for compelling
the attendance of any witness or the production of any document or
thing, the Judge shall issue such process unless he considers, for reasons
to be recorded, that such application should be refused on the ground

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that it is made for the purpose of vexation or delay or for defeating the
ends of justice

if the accused is not aquited under section 232 then the court call upon
him to enter on his defence .Any written statement put in by the accused
is filled by the judge with the record .the provision to give the accused
opportunity to defend his mandatory and any omission to do so by the
judge result in failure of justice wich is not curable under section of this
code .
the accused may under section 233(3)apply for issue of process to
compel attendance of witness or production of docuent and when any
such request is made the judge shall issue such process unless she
condidered the application to be vexatious or made for the purpose of
delay or defeting the end of justice .it was held in T.N janardan pillaivs.
State of kerla that the accused has right of the court to deny an
opportunity for defence evidence is limited to cases where it is
satisfied .for the reson to be record in writing ,that the application should
be refused on ground that is made for the purpose of vaxation or delay or
defending the end of justice
it was held in mahe aalam vs State of up that the court under section
233 of the C.Rpc cannot direct or require accused to pay expenses of
witness sought to be examined by him in defence

Section 234 – Arguments
When the examination of the witnesses (if any) for the defence is
complete, the prosecutor shall sum up his case and the accused or his
pleader shall be entitled to reply:

Provided that where any point of law is raised by the accused or his

pleader, the prosecution may, with the permission of the Judge, make his
submissions with regard to such point of law

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 The judge under this section has discretion to permit or not the
prosecution to make it submission .but normallynthe permission is not
refused unless the point of law is raised is raised by the accused is so
insignificant as not to prejudice the case of the prosecution in any way
.ordinarily it would be the interest ot the justice that opportunity is afford
to prosecution to make its submissions.
In gopalvs state of Haryana the appletent was charged for murderer of
his wife smt.sheela who had died due to consuming of poision .the
defence plea at the time of commencemt of trial was that on account of
impotency of the appletent,the deceased used to remain unhappy on the
thouth that she might not give birth to child through out her lif .the plea
was rejected by yhe trial court on the ground that it was taken for the
first time only at the stage of the commencement of the trial and
secondely that there was not any evidence to prove the factum of
impotency.it was held that even if the appletent had not taken the plea
earlier to the commencement of the trial he is not debarred from taking a
particular plea during a trial unless of course,it is shown that the accused
had been taking inconsistent pleas about his innocence at different
stages.

Section 235 – Judgment of acquittal or conviction

1. After hearing arguments and points of law (if any), the Judge shall
give a judgment in the case.
2. If the accused is convicted, the Judge shall, unless he proceeds in
accordance with the provisions of section 360 hear the accused on the
question of sentence, and then pass sentence on him according to law

No opurtunity of haring to the accused ,on question of sentence ,is

necessary where the judge proceed in accordance ith the provision of
this section 360.section 360 of this code empower the court to pass an
order of relese on probation of good conduct or after admonition .

In santa singh vs.state of Punjab the supreme court observed that the
hearing contemplated by section 235(2) is not marely confied on hearing

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oral submission ,but is also intended to give an opportunity to the
prosecution and placed before the curt and facts and martial relating to
the various question of hearing on sentence and if they are contrasted by
either side ,then to produce evidence for the purpose of establishing the
same .of corse cae has been taken by the court to see that this hearing on
the question of sentence is not observed and turned into an instrument
for unduly protracting the proceeding .the claim of due and proper
hearing would have to be harmonized with the requirement of
expeditious disposal of procceding
Section 235(2)was further classified by the supreme court when it was
held that obligation to hear the accused on the question of
sentenceswhich is imposed by the section 235(2) is not discharge by
putting a formal question to the accued as tosay what he has to say on
the question of sentences .the judge must take agenuine effort to elicit
from the accused all information which will have bearing on the
question of sentence . from abroad it is the duty of the judge to cast aside
the formalities of the court scene and approach the question of sentence
from a broad sociological point of view .the occasion to apply the
provision of section 235(2)arise only after the conviction is recorded
what there remain is the question of sentence wich not marely accused
but all socity has to stake . the court while on the question of sentences
is in an altogether different domain in wich facts and factor are operate
are of enterily different order than those wich came into play on the
question of conviction .when in prosecution for offence of attempt to
murder ,the substram of the evidence given by the eye –witnesses
examined by the prosecution was found to be false ,the only prudent
course left to he court would be to throw out the prosecution case in its
entirely against all the accused.
Where the plea of not having heard the accused on the question of the
sentence was raised for the first time in the supreme court and it was
found the trial court in fact had heared the petioner on the question of
sentence ,but of the course on the same day ,it was held that the plea did
not merit any consideration.

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 Section 236 – Previous conviction
In a case where a previous conviction is charged under the provisions of
Sub-Section (7) of section 211, and the accused does not admit that he
has been previously convicted as alleged in the charge, the Judge may,
after he has convicted the said accused under section 229 or section 235,
take evidence in respect of the alleged previous conviction, and shall
record a finding thereon:

Provided that no such charge shall be read out by the Judge nor shall the
accused be asked to plead thereto nor shall the previous conviction be
referred to by the prosecution or in any evidence adduced by it, unless
and until the accused has been convicted under section 229 or section
235.

Section 237 – Procedure in cases instituted under section 199(2)

1. A Court of Session taking cognizance of an offence under Sub-
Section (2) of section 199 shall try the case in accordance with the
procedure for the trial of warrant-cases instituted otherwise than on a
police report before a Court of Magistrate:

Provided that the person against whom the offence is alleged to have

been committed shall, unless the Court of Session, for reasons to be
recorded, otherwise directs, be examined as a witness for the
prosecution.
2. Every trial under this section shall be held in camera if either party
thereto so desires or if the Court thinks fit so to do.
3. If, in any such case, the Court discharges or acquits all or any of
the accused and is of opinion that there was no reasonable cause for
making the accusation against them or any of them, it may, by its order
of discharge or acquittal, direct the person against whom the offence was
alleged to have been committed (other than the President, Vice-President
or the Governor of a State or the Administrator of a Union Territory) to

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 show cause why he should not pay compensation to such accused or to
each or any of such accused, when there are more than one.
4. The Court shall record and consider any cause which may be
shown by the person so directed, and if it is satisfied that there was no
reasonable cause for making the accusation, it may, for reasons to be
recorded, make an order that compensation to such amount not
exceeding one thousand rupees, as it may determine, be paid by such
person to the accused or to each or any of them.
5. Compensation awarded under Sub-Section (4) shall be recovered
as if it were a fine imposed by a Magistrate.
6. No person who has been directed to pay compensation under Sub-
Section (4) shall, by reason of such order, be exempted from any civil or
criminal liability in respect of the complaint made under this section:

Provided that any amount paid to an accused person under this section

shall be taken into account in awarding compensation to such person in
any subsequent civil suit relating to the same matter.
7. The person who has been ordered under Sub-Section (4) to pay
compensation may appeal from the order, in so far as it relates to the
payment of compensation, to the High Court.
8. When an order for payment of compensation to an accused person
is made, the compensation shall not be paid to him before the period
allowed for the presentation of the appeal has elapsed or, if an appeal is
presented, before the appeal has been decided

BIBLIOGRAPHY

 SN MISHRA ,THE CODE OF CRIMINAL PROCEDURE

 ‘INTERPRETATION OF STATUTES’, EASTERN BOOK COMPANY,

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WEBLIOGRAPHY

 http://e-lawresources.co.uk .
 https://www.lawctopus.com/academion
https://www.lawteacher.net/free-law-essays/administrative-law/critical-analysis-of-
The trial of the court

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