Introduction-

As stated in the case of RMDC v. Union of India a statute is to be construed according to the
maker’s intention, it should be in such a way that the intention of the maker is given the
required effect Similarly, the role of punctuation in ascertaining the true intent of the
Legislature as an internal aid to judicature is analyzed. Punctuation functions to clarify the
meaning of a particular passage, the provisions in law.

The plethora of rules for interpretation and construction of statutes is applied differently by
different judges in different judgements.

Punctuation is a guiding symbol that accepts a writer to slow down, pause, notice, stop, look
around in order to get through the maze of the words to understand the meaning of the
passage that a writer wish to convey. It is instrumental in clarifying the meaning and is like
intonation or rhythm. The role of punctuation has been distinguished by various courts in
various judgements.

It is important to note here, that the judgment was based on the term ‘which’ that was used
twice in the said provision, further it was read with the ‘comma’ put after each ‘which’.
Concerning modern statutes, it would appear, at any rate, punctuation despite being in minor
leagues can be played as an aid to construction if the said statute is concluded to be carefully
punctuated.

Supreme Court holds that stocking does not come within the operation of this section. The
decree was based on ‘comma’ which were placed after the term ‘manufacturers for sale’ and
‘sells’ but was not after ‘stocks.

While leading to a construction the interpreter of an ordinary statute might presume the
language or meaning which was never intended by the legislature.

The way in which a document is punctuated is a pertinent determinant as the applicability of

the term/word differs when it is read with the accompanied punctuation mark. For instance,
section 3(1) (c) of the Official Secrets Act, 1923 was made extensive by the court by reading
the importance of comma in the provision. Here, the word ‘secret’ was confined to the
password for it had a comma after it thus, opening the ambit of sketch, plan, etc.
For instance, section 38 of the Indian Contract Act, 1872 deals in the consequences of
refusing the offer of performance. There are certain requirement of a performance offer to be
valid which is written after placing a ‘colon’ and is then numbered with ‘semicolons’ after
each condition.

Punctuation plays a vital role in language. As children, we are taught grammar and as a
lawyer, we are required to use it as and when required. To say that the comma, the period, or
any other punctuation mark is ‘arbitrary,’ ‘elusive,’ ‘minor,’ or ‘capricious’ is to
underestimate the central role that punctuation plays in our ability to communicate.