Doctrine of Noscitur a Sociis

By
Prof. (Dr.) S. P. Srivastava
Department of Law and Governance
Central University of South Bihar
Meaning and Concept
 It is a latin word.
 Its english is that the meaning of a word shall

be known from accompanying words.

 A word in a statute shall be interpreted in the

context of its surrounding words.

 To construe words in immediate connection

with two more associated words, you must

infer meaning in reference to each other.
(M.K. Rangnathan v. Govt. of Madras, AIR
1955 SC604)
Scope of the Doctrine
1. Meaning of an unclear or ambiguous word
should be determined by considering the
words which it is associated in the context.
2. It is also used for interpreting a
questionable words. The questionable words
meaning can be derived from its association
with other words within the context of
phrase.
Continued:
3. When two or more words susceptible of
analogous meaning are coupled togather,
they are understood to be used in their
cognate Sense.
4. The words take their colour from and are
quantified by each other. The meaning of
general words being restricted to a sense
analogous to that of the less general.
Continued:
5. Whole clear provision in a statute gets a
quite different meaning while viewed in the
light of the context. Coupling of word
together shows that they are to be
understood in the same sense and where the
meaning of a particular word is doubtful or
obscure or where a particular expression
when taken is inoperative is to be ascertained
by adjoining words or at expression occurring
at other parts of the same instruments.
Contextual Cannons of Construction
1. Whole Term Cannon- The text must be
construed as a whole.
2. Presumption of consistent usage- A word or
phrase is presumed to bear the same
meaning throughout the statute.
3. Surplusage Canon- If possible, every word
and every provision is to be given effect.
(Verba cum effects sunt accipienda0. None
should be ignored.
Continued:
4. Harmonious Reading Canon: The provisions of
a text should be interpreted in a way that
renders them compatible not contradictory.
5. General/ Specific canon: If there is a conflict
between a general provision and specific
provision, the specific provision shall prevail.
6. Irreconcilability Canon: If a text contains a
truly irreconcilable provisions at the same level
of generality and they have been simultanously
adopted neither provison should be given effect
thereto.
Continued:
7. Predicate-Act Canon: Authorization of an act
also authorizes a necessary predicate act.
8. Distributive Phrasing canon: each expression
should be read to its appropriate referent.
9. Prefatory materials canon: A preamble, object
clause, or recital is a permissible indicator of
meaning.
10. Title and Headings Canon: are permissible
indicators
11. Interpretative Direction Canon: Interpretation
clause are to be carefully followed.
Leading Cases:
1. Commissioner of Income Tax v. Bharti
Cellelar, (2014) 6SCC401.
Held: The term ‘technical services’ used in
section 194J of the Income Tax Act is
unclear. The word technical would take
colour from the words managerial and
consultancy between which it is sandwiched.
Continued:
2. Pradip Agarbatti v. State of Punjab
Held: The apex court held that the word
‘perfumery’ means such articles as used in
cosmetics and toilets goods vizsprays etc.
But does not include dhoop and Agarbatti.
This is because in Schedule A Entry 16 of
Punjab Sales Tax reads as cosmetics,
perfumery and toilets goods excluding
toothpaste , tooth powder, kumkum and
soap.
Continued:
 Sh Ved Prakash v. Govt. of NCT of Delhi and
others.
 Held: Noscitur a Sociis is mere a rule of

constructionand it can not prevail in cases

where the wider words have been deliberetely
used in order to make the scope of the
defined word correspondingly wider.
Continued:
4. Dr.Devendra M. Surti v. State of Gujrat, AIR
1969, SC63.
5. M/S Philip Medical System v Indian MRI
Diognostic & Research Ltd., 2008