Interpretation of Statutes in simple form

Interpretation of statute

1. INTERPRETATION OF STATUTES Third Semester

2. Things we should know: Meaning of Statute and Interpretation Aids of Interpretation – Internal and External Rules of Interpretation- Plain/Literal Rule Mischief Rule- Heydons Case Golden Rule Harmonious Construction Latin Maxims of Statutory Interpretation

3. SYNOPSIS : Concept of Enactment, statute/section , Act, Law, ETC Classifications of Statutes Presumptions in Statutory Interpretation , Commencement, Repeal of Statutes Prospective and Retrospective Operations. Constitutional Interpretation. The General Clauses Act 1897. Case Laws and Revision

4. Internal Aids : Title – Short Title and Long Title Preamble Headings Marginal notes Illustrations Punctuations Provisos

5. Internal Aids : Definition or Interpretation Clause Explanations Schedules Punctuations

6. EXTERNAL AIDS OF INTERPRETATION : Assistance that we get from outside the statutes:

7. 1. Parliamentary Proceedings

8. SR Chaudhary v/s State of Punjab and Others,2001 : PARLIAMENTARY PROCEEDINGS SC Held “It is a settled position that debates in the Constituent Assembly may be relied upon as an aid to interpret a constitutional provision because it is the function of the court to find out the intention of the framers of the Constitution”

9. 2. Law Committee Reports

10. 3. Additional Text for Inferring meanings :

11. INTERNET MATERIALS : RAM LAL V/S THE STATE OF RAJASTHAN , 2000 In this Case a 19 year old boy was convicted by the High Court of Rajasthan for selling Camel milk to the food inspector under the Adulteration of Food Prevention Act,1954 He was sentenced rigorous imprisonment of 6 months along with a fine of 1000/-

12. Continued….. For the same matter. The Supreme Court referred to an INTERNET publication, which included extensive studies that were done by scholars from different part of the world on the nutritional aspects of camel milk. Upon the same understanding the punishment of the boy was reduced to three months and the fine was also reduced to 500/-

13. 4. Object of law ( relate it to Mischief Rule)

14. 5. Connected Legislations/ Reference to other statues: INDIAN PENAL CODE 1860 ELECTRICITY THEFT ISSUES CYBER CRIMES ETC , they were not very common in occurrence. INDIAN ELECTRICITY ACT 1910 INFORMATION TECHNOLOGY ACT 2000

15. 6.

16. 7….

17. EXPRESS NEWSPAPERS PVT LTD VS THE UNION OF INDIA , on 8 th Jan 1958 The Supreme C ourt held that “ In order to appreciate the rival contentions of the party it will be helpful to trace the history of the events which led to the enactment.”

18. 8….

19. CASE LAW: “DEVELOPMENT OF SOCIETY” SP GUPTA V/S PRESIDENT OF INDIA AND OTHERS. It was held in this case that the interpretation of every statutory provision must keep pace with the changing concepts and values and it must, to the extent to which its language permits , accord with the requirements of the fast changing society.

20. FEW OTHER EXTERNAL AIDS 9. PUBLICATIONS AND ARTICLES FROM LAW COMMISSION OF INDIA MINISTRY OF LAW AND JUSTICE