Intrinsic Sources

Intrinsic Sources are those contained in statute itself

Title:
1. Long Title:
Long Title guides us to the object, purpose, content and gives us full description of the
Act. When a word is ambiguous or gives more than one meaning the long title can be
used for interpretation if the word.
Example: The Specific Relief Act, the long title reads as “An Act to define and amend
the law relating to certain kinds of Specific Relief.
2. Short Title:
The short title is part of the legislation & is purely for reference only. The short title is
merely for convenience.
Example: The Pakistan Penal Code, 1860
Preamble
An introductory statement in a statute stating the main reason and purpose of statute. Preamble
start with “whereas” containing recital showing the reason for enactment of the Act.
Aid to Interpretation:
Where the section is ambiguous or there is a doubt regarding the intention of a law maker,
Preamble can be used an aid In order to find out the purpose/ true meaning of provision only.
However preamble isn’t a sole guide because an Act may go beyond preamble and it can’t be
strikes down on basis that it’s against preamble. The enacting part would prevails, not the
preamble.
Heading
Normally heading can’t be used an aid because it’s very short and don’t give us detail. However,
limited use of heading can be made where there is an ambiguity in the words of statue but must
not be looked too strictly. Heading can’t limit the plain meaning of the section.
Example: Sec. 378-462 PPC, Heading “Offence Against Property”
Marginal note.
The marginal notes to a section do not form part of the statute and cannot be referred to for the
purpose of construing the section.
However, Where the marginal note has been inserted by legislature, the marginal note can be
referred to for the purpose of interpretation.
Proviso:
A Proviso is a subsidiary to the main section (written after “provided that”) and has to be
construed in the light of the section itself. Function of a proviso is to qualify, restrict, limit or
remove special case form general enactment. It effect only the mentioned thing not nullify the
enacting part.
Definition/ Interpretation clause
When the act itself provides a dictionary for the words used, the court Must first look into that
dictionary for interpretation.
Saving Clause:
The saving clause is added in cases of repeal and re-enactment of a statute. It preserve the rights
and liabilities in the repealed law.
Illustration:
Illustration attached to section by legislature only can be considered as a part, unless it is found
inconsistent with the section itself.
Illustration serves as a sort of key to unlock the mind of the draftsman regarding the true
intention in framing that particular .
Explanation:
Explanation is added to remove any doubt and to explain the meaning and effect of the main
section or proviso.
Punctuation:
Punctuation is disregarded in the construction of a statute. Generally there was no punctuation in
the statutes framed in England before1849.
Punctuation cannot control, vary or modify the plain and simple meaning of the language of the
statute
Non-obstante clause.
Where provision of a statute starts with expression “notwithstanding” or with non-obstante
clause, such section would be given preference and will always have the effect of overriding any
other provision of section of the statute.
Where there is non-obstante clause in two Acts, later would prevail.
Schedule:
Schedule placed/appended at the end of an enactment, is an extension of the section containing
minutes details. In case of conflict between Act and Schedule, Act would prevail and Schedule
would yield to the Act.
Extrinsic aids
Extrinsic aids refer to materials outside a statute I e, policies, parliamentary debate, historical
settings, and dictionaries etc. Recourse to external aid is justified only to well-recognized limits.
The common law rules do not permit the use of such extrinsic materials. However, nowadays
there is a moving trend towards allowing the use of these materials.
Dictionaries:
The use of dictionaries is limited to circumstances where the judges and Counsels use different
words. In such cases the court may make use of standard authors and well known authoritative
dictionaries.
Example: Possessing a stun gun(used for electric shock) is an offence under fire arm act or not?
The court referring to dictionary found that ‘discharge’ had a dictionary meaning of ‘emit’ rather
than ‘physical ejection’, there for it is an offence.
Preparatory works
It is taking into consideration/keeping in mind, of public materials by the courts, in order to
understand/distinguish the purpose of legislation.
Example: Reports of Law Commission or Criminal Law Revision Committee.
Only if the above documents are expressly referred to in the statute, They can be looked at for
the purpose of construction.
Parliamentary Debates
Traditionally parliamentary debates could not be referred to explicitly by a Court in order to
guess/judge Parliament’s attention. But a speech made in the course of a debate on a bill could be
referred to in limited circumstances to find out the intent of the speaker.
Historical settings:
The surrounding circumstances and situations which led to the passing of the Act can be
considered for the purpose of construing a statute
Select Committee Report
To ascertain the legislative intent of a doubtful meaning of a statute, Report of legislative
committee of the proposed law can be referred.
The report of the Select committee can be looked into from an Historical angle to find out what
was the previous law, before and at the time of enacting the statute.
Judicial interpretation of words
It is an accepted principle of law that if a word has received clear Judicial interpretation, then the
word is interpreted according to the Judicial meaning