INTERPRETATION OF

STATUTES
Module 3 : Internal Aids
Internal Aids:
• Short Title
• Long title
• Preamble
• Marginal Notes
• Headings
• Definition or Interpretation Clause
• Provisos
• Illustrations
• Exceptions and Saving Clause
• Explanation
• Schedules
• Punctuation and brackets
• Erradum
Short Title:
• Reference point or identification or name of the statute
• Used to understand the nature of the statute
• Cannot be used to extend or limit the clear meaning of a particular
provision
Long title:
• Statute generally headed by Long title
• Not a part of the statute but used to provide clarifications
 Case law
Kedarnath v. State of West Bengal
Section 4 – West Bengal Criminal Law Amendment Act, 1949
Allowed special courts and special procedures of certain types of
offences

Issue
Whether Violative of Article 14
Decision
Long title used to give the guidelines law held valid

Ashwini Kumar v. Aurobindo Ghose

Issue –
Whether an advocate of supreme court can plead and argue in
Calcutta high court where pleading councils and arguing councils are
different
Decision –
• Long title used to clarify
• Supreme Court advocates can argue as well as plead in presidency
High Courts which is Calcutta High Court
Preamble
• Key to open the statute
• To understand the mind of the legislature
• Recitals of the preamble provide the mischief to be cured by the
statute
• Preamble gives the scope of the act
• Two interpretations and ambiguity – court to look into preamble
Limitation
• When only one interpretation possible, preamble cannot
override it
• Not helpful in interpreting those provisions which embody
qualifications or exceptions from the operation of the
general purpose of the act
 Case Law
State of West Bengal v. Anwar Ali Sarkar

Issue –
Whether Section 5 of the West Bengal Special Courts Act, 1950
which provides for special courts is violative of Article 14
Decision
Preamble relied upon – act held valid
St. John’s Teacher training Institute v. Regional Director
NCERT
Issue –
To open teacher training institutes, no objection certificates from
state govt. required
Whether this restriction justified
Decision –
Preamble relied upon , restrictions justified

Munna v. Union of India

Limitation on the use of Preamble as an internal aid
1)Cannot be used to decide the vires of the Act
2)Words clear and unambiguous must be given effect to
3) If preamble wider than sections, sections override
4) Useful only when text of the statute is susceptible
of different instructions
5) Not useful for sections qualifying or providing for
exceptions from the operation of the main statute or
general provisions
Marginal Notes
• Given on the margin
• Also known as side notes
• No longer used nowadays
• Not inserted by legislature/parliament but by drafters
• Furnishes a clue to the meaning
• Abstract of the clause intended to catch the eye
• Indication about the mischief sought to be remedied
 S.P. Gupta v. Union of India
Usefulness of the marginal notes depends upon the
circumstances of the case
If provisions are contrary to the marginal notes – marginal
notes yield to the provisions
If there is ambiguity in the provisions – marginal notes to
clarify
Marginal notes very rarely used, not considered good for
interpretation
• Only those marginal notes can be used which have been inserted
with the accent of the legislature
• Marginal notes cannot be resorted to for constructing the provisions
if the words of statute are sufficiently clear, plain and precise and
give out only one meaning
• Marginal notes can be used for interpretation of that section only to
which they are appended and cannot be used to interpret another
section.
• Marginal Notes cannot frustrate the effect of a clear provision
Headings
• Headings are inserted or pre-fixed to sections or a group of
sections
• Headings treated as preamble by the courts for that section
• Heading o one set of section cannot be used as an aid to
interpret another set of sections
◦ In case of ambiguity, court can use the headings for
interpretation
◦ If the statute is clear, headings are not useful
◦ Headings are more useful and reliable as they are given by
the legislature unlike the marginal noted
 Case law
Mathai v. State of Kerala
Mathai caused the death of a person by using a small stone

Issue –
whether it will be grievous hurt or simple hurt
Heading of Section 326 IPC – Voluntarily causing grievous hurt by
dangers weapons or means
Decision –
small stone is not a dangerous weapon or means, hence it is
not covered under section 326 IPC
 Bhinka v. Charan Singh
Eviction of a sub – tenant under section 180 of the U.P
Tenancy act 1939
Heading of the section – ejectment of a person occupying a
land without title
Issue –
Whether possession under section 145 CrPC also covered
Decision –
this point is not covered

Prick India v. Union of India

Headings cannot control the main section
If the words are clear, headings have got no utility
If there is a doubt, then only we take the help of headings
Cannot be used for cutting down the wide application of the
section or the statute if the words are clear