UNIT-1 INTRODUCTORY

SYNOPSIS
 Introduction
 Meaning of interpretation
 Objects of interpretation
 General clauses act
 Objectives and importance of the General Clauses Act
 Essential definitions under the General Clauses Act
 General rules of formation of the General Clauses Act

INTRODCUTION
Enacted laws, especially the modern acts and rules, are drafted by legal experts and it
could be expected that the language used will leave little room for interpretation or
construction.
But the experience of all those who have to bear and share the task of application of
the law has been different.
It is not necessary that the words used in a statute are always clear, explicit and
unambiguous and thus, in such cases it is very essential for courts to determine a clear
and explicit meaning of the words or phrases used by the legislature and at the same
time remove all the doubts if any.
Hence, all the rules mentioned in the article are important for providing justice.

MEANING OF INTERPRETATION
The term has been derived from the Latin term ‘interpretari’, which means, to explain,
expound, understand, or to translate.
Interpretation is the process of explaining, expounding and translating any text or
anything in written form.
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.
Because 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.
OBJECTS OF INTERPRETATION
The main objective of interpretation is to determine the intention of the legislature
which is expressed impliedly or expressly.
The expression intention of the legislature is a shorthand reference to the meaning of
words used by the legislature objectively determined with guidance furnished by the
accepted principles of interpretation.
If a statutory provision is open to more than one interpretation the Court has to choose
that interpretation that represents the true intention of the legislature in other words
the ‘true meaning’ or a ‘legal meaning’.

GENERAL CLAUSES ACT

On March 11, 1897, the General Clauses Act of 1897 was enacted to combine and
expand the General Clauses Acts of 1868 and 1887.
The Act covers all fields of law and contains provisions relating to the interpretation
of the General Clauses Act and other Indian legislation. The Act’s definition applies
only when the context requires it.
The General Clauses Act contains “definitions” of various terms and some general
interpretation guidelines.
The General Clauses Act was designed to make legislative laws more concise and to
eliminate the duplication of the same words across the same piece of law. Wherever
possible, the purpose of an act is to avoid redundant language in a statute.

ESSENTIAL DEFINITIONS UNDER THE GENERAL CLAUSES ACT

Section 3 of the Act is the main section containing definitions that apply to the act
itself and all the central acts and legislation post-1897.
Section 3 defines 67 terms and phrases usually used in legislation and intends to act as
a dictionary for the terms and phrases. Some of the essential terms and phrases
include:
Section 3(2) “Act”: When rendering a crime or a civil wrong, the term “act” relates to
a series of actions and expressions pertaining to acts done and to whether legal or
illegal omissions.
The term ‘act’ encompasses both legal and unlawful omissions but excludes non-legal
omissions.
Section 3(3) “Affidavit”: Affidavits shall contain affirmation and declaration in the
context of those permitted by law to affirm or declare rather than swear.
Section 3(22) “Good Faith”: Under the General Clauses Act, the subject of good faith
is a factual one and is to be determined based on the specific facts of each instance. As
a result, anything handled with proper care and attention that isn’t malicious is
deemed to be undertaken in good faith.
Section 3(23) “Government”: The term ‘government’ or ‘the government’ refers to
state and central governments. As a result, whenever the term “government” is
mentioned, it refers to central and state governments.
Section 3(27) “Imprisonment”: ‘Imprisonment’ means any type of detention as
specified in the Indian Penal Code, 1860.
According to section 53 of the IPC, offenders are subject to one of two types of
imprisonment: harsh (i.e., with hard labour) or simple (i.e., with no hard labour). As a
result, when an Act specifies that an act is punishable by sentence, the Court may, at
its authority, make the imprisonment strict or light.