Meaning

 The term has been derived from the latin term ‘interpretari’ which means to explain,
expound, understand, or to translate
 This basically involves an act of discovering the true meaning of the language which has
been used in the statute
 Interpretation of statutes is the correct understanding of the law
 This process is commonly adopted by the courts for determining the exact intention of the
legislature.
 The objective of the court is not only merely to read the law but is also to apply it in a
meaningful manner to suit from case to case
 It is also used for ascertaining the actual connotation of any Act or document with the actual
intention of the legislature.
 According to Salmond, “Interpretation” is the process by which the court seeks to ascertain
the meaning of the legislature through the medium of authoritative forms in which it is
expressed.

Object of interpretation
1. 1. Determining of Meaning.
2. 2. Finding the Intention of Legislation
[Company may maintain register/ Company shall maintain register]
[There is penalty of non-maintenance of register]
Here the meaning of “may” is “shall”.

KINDS OF STATUTE
 Penal Statute (IPC,CrPC)
 Remedial Statute(Industrial Dispute Act, Consumer Protection Act)
 Repealing Statue(eg. FEMA to FERA , Competition Act, 2002 repealed the MRTP Act0
 Codified Statute (Hindu Marriage Act, Hindu Succession Act
 Enabling Statutes (Acts authorizing compulsory acquisition of land for public benefit of,
for legalizing public or private nuisance)
 Disabling Statute(Act restraining the power of corporation to make leases) When any
lawful act is declared unlawful by a Statute.
 Amending Statute(The Code of Criminal Procedure, 1973 repealed and reenacted
Criminal Procdeure Code, 1898) when old Act repealed and made a new Act.
 Consolidating Statute (Arbitration & Conciliation Act)
 RULES OF INTERPRETATION
1. Literal Rule
2. Golden Rule
3. Mischief Rule
4. Reasonable Construction
5. Harmonious Construction

When we are not able to understand or ascertain the meaning of the law by above 3 law, then we
try to construct the meaning by applying the 2 rules of

1. LITERAL RULE
 The words used in this text are to be given or interpreted in their natural or ordinary
meaning.
 Absoluta Sententia Expositore Non Indiget
 After the interpretation, if the meaning is completely clear and unambiguous then the
effect shall be given to a provision of a statute regardless of what may be the
consequences.
 It is the safest rule of interpretation of statutes because the intention of the legislature is
deduced from the words and the language used.
Law Cases:
Lallita Kumari Vs Government of Uttar Pradesh
Motipur zamindary pvt ltd vs State of Bihar (Sugercane exempted from sales tax as a
vegetable)
Advantages of Literal Rule:
 It helps in understanding the statute in a literal way.
 The intention of legislature is created in simple and unambiguously.
 It helps in interpretation to the respect the supremacy of the parliament.
Disadvantage
 It cannot be applicable in every situation.
 Can lead to unreasonable decision making power.
 A law is written in English language and the language itself is ambiguous. Sometimes
one word has many meanings.
2. GOLDEN RULE/MODIFYING RULE OF INTERPRETATION
 If interpreting natural meaning leads to any sought of repugnance, absurdity or hardship,
then the court must modify the meaning to the extent of injustice or absurdity caused and
no further to prevent the consequence.
 Whenever the meaning of the word, phrase, expression or sentence is uncertain, it may be
a case of departing from the plain grammatical meaning, and there may be a need for
application of the golden rule.
Case Laws: Bedford Vs Bedford

3. MISCHIEF RULE
 Mischief Rule was originated in Heydon’s case in 1584.
 It is the rule of purposive construction because the purpose of this statute is most
important while applying this rule.
 There are four things which have to be followed for true and sure interpretation of all the
statutes in general, which are as follows-
1. What was the common law before the making of an Act.
2. What was the mischief for which the present statute was enacted.
3. What remedy did the Parliament sought or had resolved and appointed to cure the
disease of the commonwealth.
4. The true reason of the remedy.
Case Laws: Pyare Lal Vs Ram Chandra
 REASONABLE CONSTRUCTION

 ‘Ut res magis valeat quam pareat’- so as to give reasonable meaning to the words.
 If the literal meaning collides with the reason of enactment of the statute then the
intention of the law should be taken up so that the actual meaning of the statute can be
properly understood.
 This rule mainly stresses upon the intention of the legislature to bring up the statute and
the sensible and not the prima facie meaning of the statute.

HARMONIOUS CONSTRUCTION

 When two or more provisions of the same statute are repugnant to each other, then in
such a situation the court, if possible, will try to construe the provisions in such a manner
as to give effect to both the provisions by maintaining harmony between the two.
 One provision of the same Act cannot make the other provision useless. Thus, in no
circumstances, the legislature can be expected to contradict itself.
Case Law: Keshvananda Bharti Case

OTHER RULES

 Ejusdem Generis: words of similar class.

The rule is that where particular words have a common characteristics, any general words
that follow should be construed as referring generally to that class.

If a law refers to automobiles, truck, tractors, motorcycles and other vehicles, here ’vehicles’
would not include airplanes because the list was of land based transportation.
Case Laws: Siddeshwari cotton mills Vs Union of India: Interpreting the expression ‘any other
process’ along with the words bleaching, dyeing, printing. The rule of ejusdem generis was
applied

 Expressio unius est exclusion alterius: the expression of one thing is the exclusion of
other.
It indicates that item not in the list are assumed not to be covered by the statute.
For example, if a statute refers to lions and tigers it only refers to lions and tiger and will not
include leaopards or any other animal.
Case Laws:
 Noscitur a sociis: Knowing from associated words.
The meaning of a questionable word in a statute maybe ascertained by reference of its
accompanying word.
For example: A statute which stated that explosive taken into a mine must be in a “case or
canister”. Here the cloth bag could not have been within the statutory definition, because
parliament’s intention was referring to a case or container or same kind as canister.
Case Laws: Foster Vs D. Cassons: Rule of Noscitur a sociis was applied. The statutory
definition which states use of ‘case or container’ does not include cloth bag

Case Laws

 Bengal immunity co Vs state of Bihar: Mischief rule in construction of Art 286 of
Constitution of India was applied.
 Molar Mal Vs Kay Iron Works (P) Ltd: Court while reiterating that courts will have to
follow the rule of literal construction, which enjoins the court to take the words as used
by the Legislature and to give it the meaning which naturally implies.
 Lallita Kumari Vs Government of Uttar Pradesh: The main question was the
interpretation of Section 154 of the Code of Criminal Procedure. Use of the expression
 “information” without any qualification also denotes that police has to record information
despite he being unsatisfied by its reasonableness.
 Keshavnanda Bharti Vs State of Kerela: It was held that a word gets its ‘colour’ in the
context in which it is used. The word gathers its meaning not only in the context that is
has been used but from the words used in similar conditions, example Pland &
Machinery.
 Uttar Pradesh Bhoodan Yagna Samiti Vs Brij Kishore: The expression “landless
person” used in section 14 of UP was interpreted as per ‘Golden Rule’. The expression
“landless person” used in Section 14 of UP bhoodan Tagna Act, 1953 which made
provision for grant of land to persons, was limited to “Landless Laborers”. It did not
include a landless businessman residing in a city. The object of the Act was to implement
the Bhoodan movement, which aimed at distribution of land to landless labors.
 T.M.A Pai Foundation Vs State of Karnataka: While interpreting Art 29 and 30 of the
Constitution the Supreme Court observed that when constitutional provisions are
interpreted, it has to be borne in mind that the interpretation should be such as to further
in corporation. They have to be read harmoniously to provide meaning and purpose.
 M.S.M Sharma Vs Krishna Sinha: The Supreme Court held that expediency demanded
that Art 19(1)(a) and 194(3) had to be harmoniously interpreted. To give effect to both
these provisions, it was necessary to hold that fundamental right of freedom of speech
and expression under Art 19(1)(a) was subject to the privileges of houses guaranteed by
Article 194(3).

IOS

Meaning of IOS is to Discover or to Construct adding Law/Act or a will or a Discretion- of

Legislature.

Definition of Interpretation of Statute by Salmond-

Interpretation/Construction is the process by which courts seeks to ascertain the meaning

of legislature.

Other definitions:
By Maxwell- will of Legislature.

By Crawford- will necessary to constitute Law.

By Bowlier’s Law Dictionary- Law established by act of legislature Power.

Types of Statutes

 Enabling Laws- Giving power.

 Disabling Laws- Disabling powers.- eg POTA, PML, PC Act.
 Amending Laws.
 Consolidating Laws - Eg. GST
 Remedial Laws - Eg. Consumer Protection Act.
 Penalizing Laws - Eg. IPC, POCSO
 Codifying Laws - Eg. CPC, CrPC
  Declatory Laws - Eg. FCRA, FEMA.

Where single topic be a law, it is called an Act.

Where different laws are available, it is called a Code.

Interpretation- Importance and Objects.

(a) Intention of the Author (b) Intention of Law

(c) Same Intention (d) Same Interpretation

Keetan- The function of Judges in interpreting statutes is twofold:

 As per exact meaning of what legislature has actually said.
 What the Legislature has intended to said.

Effects of New Law

It is cardinal principle of Interpretation of Statute that all Statutes are prospective unless the
language of the statutes makes them retrospective either expressly or by necessary implication
but the penal statutes which creates new offences are always prospective, else it will be violative
of Article 20(1)
Classifications of Statutes
1. By Duration-
 Temporary Or Permanent

2. By Method (Nature of operation)- (essential/Must do)

 Mandatory/Imperative/Obligatory
 Directory/Permissive- (Directed to follow)

3. Object
 Enabling/Repealing/Amending

RULE
1. Literal Construction- Let the Law be Natural
 Primary and Foremost
 Natural sense with cognate(connected) expression
 Natural and Ordinary meaning
 Follow the language of Law

Golden Rule is more extentia(extention) of Literal Rule

When the word is itself ambiguous then to give the effect of purpose of law, the language is
understood by modified words.

2. Reasonable Construction- “Ut Res magis valeat quem pareat”

When the literal rule is unable to serve the purpose of law then the Reasonable Construction is
applied. Example- Plant and Machinery. Logical V/s Grammatical – Words to be constructed
within the ambit of its meaning.

May and Shall sometimes read Visa Versa

Example for May:
Company may maintain register of Assets. Fine of Rs. 50000 will be levied for non-compliance.
i.e Discretion with obligation. Company may, but if company doesn’t then company is penalized.
Example for Shall:
As against the Gout word “Shall” when used in Statute is be construe as “May” unless contrary
is provided.