Interpretation of statues: Meaning, object & types.

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Interpretation of statutes
Presented by:- Puja Dwivedi
Contact:- legalpuja22@gmail.com

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Introduction to Statutory
Interpretation
Definition: Statutory interpretation refers to the process of
interpreting and applying statutes or laws enacted by legislative
bodies.
Importance: It helps in understanding the meaning and purpose
behind laws, resolving ambiguities, and ensuring fair and just
application of legislation.
Meaning of Statute
A statute is a formal written enactment of a legislative body,
which may be national, regional, or local in scope.
Statutes can encompass a wide range of subjects, from criminal
law to tax regulations to civil rights.
Object of Statutory Interpretation
The primary object of statutory interpretation is to ascertain and
give effect to the intention of the legislature.
This involves understanding the purpose and objectives behind
the enactment of a statute.

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Reason for Statutory Interpretation
Ambiguity: Statutes may contain ambiguous language or
concepts that require interpretation.
Evolution: Societal norms and values evolve over time,
necessitating reinterpretation of existing laws.
Advances in technology and globalization may also require
reinterpretation of statutes.
Nature of Statutory Interpretation
Dynamic Process: Statutory interpretation is not static; it evolves
with changing circumstances and societal values.
Judicial Discretion: Courts have discretion in interpreting
statutes, but must do so within the framework of established legal
principles.
Scope of Interpretation
Literal Interpretation: Interpreting statutes based solely on the
literal meaning of the words used.
Purposive Interpretation: Focusing on the purpose and
objectives behind the enactment of a statute.
Contextual Interpretation: Considering the broader context,
including legislative history and societal norms.

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Types of Statutes
Codifying Statutes: Consolidate and organize existing laws on a
particular subject into a single statute.
Example: The Indian Penal Code, 1860, which consolidates laws
related to criminal offenses in India.
Consolidating Statutes: Combine various statutes or parts of
statutes related to a specific subject into one comprehensive
statute.
Example: The Code of Civil Procedure, 1908, which consolidates
laws related to civil procedure in Indian courts.
Declaratory Statutes: Clarify existing laws or legal principles
without making substantive changes.
Example: The Hindu Succession (Amendment) Act, 2005, which
clarified the rights of Hindu women in matters of inheritance.
Remedial Statutes: Provide mechanisms for addressing legal
disputes and enforcing rights.
Example: The Consumer Protection Act, 2019, which provides
remedies for consumers against unfair trade practices.
Enabling Statutes: Empower government agencies to create
regulations within specified areas.
Example: The Reserve Bank of India Act, 1934, which empowers
the Reserve Bank of India to regulate the banking sector in India.

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Disabling Statutes: Restrict or prohibit certain actions or
behaviours.
Example: The Narcotic Drugs and Psychotropic Substances Act,
1985, which prohibits the production, sale, and use of certain
narcotic drugs and psychotropic substances.
Penal Statutes: Define crimes and prescribe punishments for
violations.
Example: The Indian Penal Code, 1860, which defines various
criminal offenses and their respective penalties.
Taxing Statutes: Set forth laws related to the imposition and
collection of taxes.
Example: The Income TaxAct, 1961, which governs the levy and
administration of income tax in India.
Explanatory Statutes: Provide explanations or interpretations of
existing laws.
Example: The Central Goods and Services Tax Act, 2017, which
provides explanations and interpretations of various provisions
related to the Goods and Services Tax (GST) regime in India.
Amending Statutes: Modify or amend existing laws or statutes.
Example: The Constitution (One Hundred and First Amendment)
Act, 2016, which amended various provisions of the Constitution
of India to introduce the Goods and Services Tax (GST).
Repealing Statutes: Abolish or revoke existing laws or statutes.

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Example: The Repealing and Amending Act, 2017, which
repealed certain obsolete laws and amended others to remove
inconsistencies.
Types of Rules of Interpretation
Primary Rules of Interpretation:
Literal Rule: This rule requires courts to interpret statutes based
solely on the literal meaning of the words used, regardless of their
consequences. It emphasizes the ordinary and natural meaning of
the language employed in the statute.
Case Law Example: Whitely v Chappell (1868) – In this case, the
defendant was charged with “personating any person entitled to
vote”. The court held that since a dead person cannot be entitled
to vote, the defendant could not be convicted under the literal
interpretation of the statute.
Golden Rule: Under this rule, courts may depart from the literal
meaning of words in a statute if adhering to that meaning would
lead to absurd or unjust results. It allows for a more flexible
interpretation while still respecting the intention of the legislature.
Case Law Example: Adler v George (1964) – In this case, the
defendant was charged with obstruction “in any street to the
annoyance of passengers”. The court applied the Golden Rule and
interpreted “in any street” to include “on any street”, thereby
avoiding an absurd result where a defendant could not be
convicted for obstructing a sidewalk.

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Mischief Rule: This rule involves looking at the problem or
mischief that the statute was intended to address, and interpreting
it in a way that advances the remedy intended by the legislature.
Case Law Example: Heydon’s Case (1584) – In this landmark
case, the court stated that four questions should be asked when
interpreting statutes: What was the common law before the
making of the Act? What was the mischief and defect for which
the common law did not provide? What remedy has Parliament
resolved and appointed to cure the disease of the commonwealth?
What is the true reason for the remedy?
Reasonable Approach: This rule requires courts to interpret
statutes in a manner that is reasonable and consistent with the
purpose and objectives behind the legislation, even if it deviates
from the literal meaning of the words.
Case Law Example: R v Registrar-General, ex parte Smith
(1990) – In this case, the court interpreted the phrase “the sex of
every person” in the Births and Deaths Registration Act 1953.
Although the literal meaning referred to biological sex, the court
held that it should also include gender identity, as this
interpretation aligned with the purpose of the Act to provide
accurate and meaningful records.
Harmonious Construction: This rule mandates that statutes
should be interpreted in a manner that promotes harmony and
consistency with other laws and legal principles, avoiding
conflicts or contradictions.

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Case Law Example: Jindal Stainless Ltd v State of Haryana
(2016) – In this case, the court harmoniously interpreted two
conflicting provisions of the Haryana Value Added Tax Act and
the Central Sales Tax Act, ensuring that both statutes could be
applied without contradicting each other.
Ejusdem Generis Rule: According to this rule, when a general
word or phrase follows a list of specific terms, the general word
or phrase should be interpreted to include only things of the same
kind as those specifically mentioned.
Case Law Example: Inland Revenue Commissioners v Frere
(1965) – In this case, the court interpreted the phrase “interest,
dividends, or other annual payments” in a tax statute. Applying
the Ejusdem Generis rule, the court held that “other annual
payments” should be limited to payments of the same nature as
interest and dividends, such as royalties, but not to one-off
payments or capital sums.
Secondary Rules of Interpretation:
Expressio Unius Est Exclusio Alterius: This Latin maxim
translates to “the expression of one thing is the exclusion of
another.” It implies that when a statute explicitly mentions certain
things, the intention is to exclude all other things not mentioned.
Case Law Example: Narayana Rao v Parthasarathi (1972) – In
this case, the court interpreted a rent control statute that provided

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exceptions for certain categories of landlords, including widows
and disabled persons. The court held that by expressly stating
these exceptions, the legislature intended to exclude other
categories of landlords from the benefits of the statute.
Contemporanea Expositio Est Fortissima in Lege: This Latin
maxim means “contemporaneous exposition is the strongest in
law.” It suggests that the interpretation given to a statute by those
who were responsible for implementing or enforcing it at the time
of its enactment carries significant weight.
Case Law Example: Narayana Mudaliar v Vedammal (1972) –
In this case, the court considered the contemporaneous
interpretation of a land revenue statute by revenue officials at the
time of its enactment. The court gave considerable weight to their
understanding of the statute’s provisions in resolving a dispute
over land ownership.
Noscitur a Sociis: This Latin maxim translates to “it is known
from its associates.” It suggests that the meaning of a word or
phrase in a statute can be determined by the context in which it
appears, or by the words with which it is associated.
Case Law Example: State of Bombay v Hospital Mazdoor Sabha
(1960) – In this case, the court interpreted the term “industry” in
labor legislation. The court applied the noscitur a sociis rule,
considering the words “trade,” “business,” and “calling” in the
same provision, and concluded that “industry” should be
interpreted broadly to include various forms of economic activity.

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Strict and Liberal Construction: These are opposing
approaches to interpretation. Strict construction involves
interpreting statutes narrowly, adhering strictly to the letter of the
law, while liberal construction involves interpreting statutes
broadly to achieve the underlying purpose and objectives of the
legislation.
Case Law Example – Strict Construction: Kapoor Chand
Shrimal v Madhya Pradesh (1970) – In this case, the court
interpreted a penal statute strictly, holding that the accused must
be proved to have committed every essential element of the
offense beyond a reasonable doubt, without any room for
speculation or inference.
Case Law Example – Liberal Construction: Manohar Lal v
State of Punjab (2018) – In this case, the court interpreted a social
welfare statute liberally, recognizing the broad purpose of the
legislation to protect the rights of marginalized communities. The
court adopted a liberal approach to ensure that the statute’s
objectives were effectively realized.
Rule of Beneficial Construction: This rule requires courts to
interpret statutes in a manner that promotes the public good or
advances the beneficial purposes intended by the legislature,
especially in cases involving remedial or social welfare
legislation.
Case Law Example: Ashadevi v K. Srinivas (1999) – In this case,
the court interpreted a provision of a tenancy law intended to

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protect tenants from eviction. The court applied the rule of
beneficial construction and interpreted the provision broadly to
afford maximum protection to tenants, in line with the statute’s
remedial purpose.
Conclusion:
In conclusion, statutory interpretation is a multifaceted process
crucial to the effective application of laws within the legal system.
As explored in the presentation, statutes are formal written
enactments of legislative bodies, covering various subjects
ranging from criminal law to taxation to social welfare. The
interpretation of statutes involves understanding their meaning,
purpose, and objectives, which can be achieved through primary
and secondary rules of interpretation.
Primary rules of interpretation, including the literal, golden,
mischief, reasonable, harmonious, and ejusdem generis rules,
provide frameworks for courts to ascertain legislative intent and
apply statutes appropriately. Through case law examples such as
Whitely v Chappell and Narayana Rao v Parthasarathi, we see
how these rules are applied in practice to resolve legal disputes
and ensure justice.
Additionally, secondary rules of interpretation, such as expressio
unius est exclusio alterius, contemporanea expositio est
fortissima in lege, noscitur a sociis, strict and liberal construction,
and the rule of beneficial construction, offer further guidance in
understanding statutes within their legal context. Case law

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examples like Narayana Mudaliar v Vedammal and Manohar Lal
v State of Punjab illustrate the application of these rules in diverse
legal scenarios.
In essence, statutory interpretation is a dynamic and nuanced
process that requires judges to balance literal meaning with
legislative intent, promote justice, and ensure the effective
functioning of the legal system. By applying a combination of
primary and secondary rules of interpretation, courts can navigate
complexities in statutes, resolve ambiguities, and uphold the rule
of law.
Thank you

Interpretation of statues: Meaning, object & types.

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