Interpretation

of statute
What is Statute
     According to Black's law dictionary, "A  Statute is a formal written
enactment of Legislative authority that governs a country, state,
city or county. Typically, Statutes command or prohibit something,
or declare Policy, the word is often used to distinguish law made by
legislative bodies from the judicial decisions of the common law
and the regulations used by government agencies". 

 A Statute is the will of the Legislature. A statute may generally be

classified with reference to its duration method, object, and
extent of application.
Classification with reference to duration
 Permanent Statute/Perpetual Statute - 
   
        A permanent Statute is one where no such period(like a temporary
statute) has been mentioned but this does not make the statute
unchangeable; such a state it may be amended or replaced by another Act. In
simple words, such statute remains in force until it's repeal which may be
express or implied
 Temporary Statute -

      A temporary Statute is one where its period of operation or validity has

been fixed by the statute youth itself. A statute is temporary when its duration
is only for a specified time and it expires on the expiry of the specified time
unless it is repealed earlier.
Classification with reference to Nature of operation-

1) Prospective Statutes -
      A Statute which operates upon act and transactions which have not occurred when the statutes take effect, that is
which regulates the future is prospective Statutes. Every statute is prima facie prospective unless it is expressed or
implied. If the object of the statute is to affect vested rights or to impose new burdens or to impair existing obligations,
then there must be words in the statute sufficient to show the intention of the legislature.

2) Retrospective Statute -
     Retrospective statute contemplates the past and gives effect to previous transactions. There must be words in a
statute sufficient to show that the intention of the legislature is to give the rule or thea law the Retrospective effect.

3) Directory Statute -
           Directory statutes merely direct or permits anything to be done without compelling its performance. A
declaratory Act is defined as an Act to remove doubts existing as to the common law, or the meaning or the effect of
any statute. The usual reason for the passing a declaratory act is to set aside what Parliament has considered a judicial
error, whether in the statement of the common law or the interpretation of the statute.

4) Mandatory Statute -
           Mandatory Statutes he is one which compels performance of certain things or compels that a certain thing must
be done in a certain manner or form.
Classification with Reference to Object

 Codifying Statute  Penal Statute  

 Consolidating Statute  Taxing Statute  
 Declaratory Statute  Explanatory Statute  
 Remedial Statute  Amending Statute
 Enabling Statute      Repealing Statute
 Disabling Statutes  Curative for Validating Statute  
 Discussion on Remedial and Penal statutes
Remedial  statutes Penal  statutes
 Remedial Statutes deal with the wrongs  Penal Statutes deal with the wrongs
against an individual. against the State.
 They deal with those matters which affect  They deal with those matters which
the Individual only affect the whole community.
 Remedial Statutes provides a remedy for  Whereas Penal Statutes provides
infringement of private civil rights of an punishment for public wrong
individual.
 The injured party takes action  State takes action and state is a
prosecuting agency.
 The remedy for wrongful acts in the form of  Penalty such as imprisonment, fine,
damages or compensation to the forfeiture etc.is imposed on the
aggrieved party but the wrongdoer is not offender
held liable for any penalty
 Compensation is sought by party  Compensation is fixed by the State
Proof of negligence is sufficient Negligence along with criminal
intention must be proved to constitute
an offense or crime
The End