Unit – 1: Interpretation of

Statutes
• Interpretation
• The word ‘Interpretation’ is derived from the Latin term ‘interpretari’ which
means to explain or expound or to understand or translate. Interpretation is a
process through which one arrives at the true and correct intention of the law-
making body which is laid in the form of statutes. This helps in finding out the
intention of the author.
• Interpretation of any data generally means to analyze the available data and come
out with an opinion which is certain and clear. This increases the ability of an
individual to understand and explain it in his/her own way. This helps to find out
the ways to understand and analyse the statute, where it leads the interpreter to the
whole new meaning which is completely different from the general meaning.
• It is necessary for all law students, lawyers, judges and anyone who belongs to the
legal fraternity to know how to interpret the statute whenever a legislative house
comes up with the new statute or an amendment because they will be dealing with
these legislations on day to day basis.
• The main intention of analyzing is to know the new changes which are being
brought due to the legislation and the impacts of that legislation in society.
• Usually, the interpretation of the statute is done by the judges, it is the primary
function of the judge as a judicial head. As we all know that our government is
divided into three important wings which are: Legislature, Executive and
Judiciary.
• Here legislature lays down the law and intends people to act according to the
legislature and the judiciary that is judges will come up with the proper meaning
of the law and puts the law into operation. This helps in maintaining checks and
balances between the wings.
Need for interpretation

1.The ambiguity of the words used in the statute: Sometimes there will be
words that have more than one meaning. And it may not be clear which
meaning has to be used. There could be multiple interpretations made
out of it.
2.Change in the environment: We all know that society changes from time
to time and there may be new developments happening in a society that
is not taken into consideration, this lacks the predictability of the future
event.
3.Complexities of the statutes: usually statutes are complex and huge, it
contains complicated words, jargon and some technical terms which are
not easy to understand and this complexity may lead to confusion.
4. When legislation doesn’t cover a specific area: Every time when
legislations are out it doesn’t cover all the area it leaves some grey areas
and interpretation helps in bridging the gaps between.
5. Drafting error: The draft may be made without sufficient knowledge of
the subject. It may also happen due to the lack of necessary words and
correct grammar. This makes the draft unclear and creates ambiguity in
the legislature.
6. Incomplete rules: There are few implied rules and regulations and some
implied powers and privileges which are not mentioned in the statute and
when these are not defined properly in the statute this leads to ambiguity.
Rules of interpretation of statutes: Shall be taken up
in Unit 2
Introduction

• One of the most substantial and the principal duty which are vested on
the judiciary is the interpretation of the statutes or law which are in
force. When the courts deliver justice in a legal dispute, they strictly
abide with the boundaries framed by the legal frameworks which
encompasses certain laws, statutes, The Constitution and delegated
legislations.
• The legal framework of a democratic country like India includes a
plethora of legislations and regulations. The Legislature with the
compliance of the procedural Parliamentary rules, formulates and
drafts certain written statutes and legislations.
• The courts deliver justice in a legal matter by interpreting the
underlying principles in these legislations. The written laws are
substantiated by the courts and justice is administered by the courts
through the pronouncement of verdict over the legal dispute. For the
purpose of interpreting statues and to prevent any wrongful
interpretation of the laws, the court should follow certain rules to
shape these laws.
• So, one of the most basic rules of interpretation is the Literal rule of
Interpretation of statutes where the court interprets the wordings of the
law as it is.
• However, there may be certain loopholes which may be found in the
law due to which it is not interpret a straight-forward understanding of
the language of the statutes.
• It may lead to ambiguity and absurdity if the courts interpret the
natural meaning of the language used in the statute.
• Interpretation of statutes is the correct understanding of the
law. This process is commonly adopted by the courts for determining
the exact intention of the legislature. Because the objective of the
court is not only merely to read the law but is also to apply it in a
meaningful manner to suit from case to case.
• It is also used for ascertaining the actual connotation of any Act or
document with the actual intention of the legislature.
• There can be mischief in the statute which is required to be cured, and
this can be done by applying various norms and theories of
interpretation which might go against the literal meaning at times. The
purpose behind interpretation is to clarify the meaning of the words
used in the statutes which might not be that clear.
• According to Salmond, “Interpretation” is the process by which the
court seeks to ascertain the meaning of the legislature through the
medium of authoritative forms in which it is expressed.
Construction meaning

• In simple words, construction is the process of drawing conclusions of

the subjects which are beyond the direct expression of the text. The
courts draw findings after analysing the meaning of the words used in
the text or the statutes. This process is known as legal
exposition. There are a certain set of facts pending before the court
and construction is the application of the conclusion of these facts.
• The objective is to assist the judicial body in determining the real
intention of the legislature. Its aim is also to ascertain the legal effect
of the legal text.
Difference between Interpretation and Construction

Interpretation Construction

1.In law, interpretation refers to exposing the true sense of 1.Construction, on the other hand, refers to drawing
the provisions of the statutes and to understand the exact conclusions from the written texts which are beyond the
meaning of the words used in any text. outright expression of the legal text.
2.Interpretation refers to the linguistic meaning of the legal 2.The purpose of construction is to determine the legal effect
text. of words and the written text of the statute.
3.In the case where the simple meaning of the text is to be 3.In the case where the literal meaning of the legal text
adopted then the concept of interpretation is being referred results in ambiguity then the concept of construction is
to. adopted.
• Introduction
• “The essence of law lies in the spirit, not in its letter, for the letter is significant
only as being the external manifestation of the intention that underlies it.” –
Salmond
• The above quote indicates the significance of the intent of lawmakers, rather than
their visible expression in form of words written, of a law. To enact a law
effectively so that it serves its purpose it is important to interpret it in the spirit
with which it was framed.
• The act of determining its true sense is called interpretation of statute. And to
facilitate this process of interpretation various theories, presumptions, aids, rules
and principles have been formulated over the period.
• What is Statute?
• In literal sense, “Statute” means a law that has been formally approved
and written down. In its legal sense, it means an act of a legislature
that declares, prescribes, or commands something. Statutes set forth
general propositions of law that court applies to the specific situations.
• Thus following can be listed as Statute: Constitution, Central Acts,
State Acts, Ordinance, Bye Laws, Rules, Regulations, Notifications,
Circulars, Instructions, Directions, Clarifications.
• What is meant by Interpretation of Statutes?
• Out of the three organs of the State, viz Legislative, Executive and
Judiciary, interpreting the statutes is primarily concerned with Judiciary.
Being the machinery that puts the laws laid down by legislature into use,
it becomes primary function of Judiciary to interpret the statutes and
ascertain the correct meaning of the provisions of the statutes in their
true spirit as intended by the framers.
• Salmond defines the interpretation of statutes as “interpretation or
construction is the process by which the courts seek to ascertain the
meaning of the legislation through the medium of the authoritative form
in which it is expressed.”
• Scope and need for Interpretation
• Statutes enacted are drafted by legal experts, thus leaving little room for
interpretation of the of the language used but the necessity of interpretation arises
when the language is not clear or ambiguous or when multiple views can be
inferred or when the language of the provision gives a different meaning
altogether which defeats the object of the statute.
• A Constitutional Bench of Supreme Court in R.S. Nayak v AR Antulay, AIR
1984 SC 684 held that:
• “……If words of the Statute are clear and unambiguous, it is the plainest duty of
the Court to give effect to the natural meaning of the words used in the provision.
The question of construction arises only in the event of an ambiguity or the plain
meaning of the words used in the Statute would be self-defeating.”
• Following the same principle Supreme Court in Grasim Industries
Ltd. V Collector of Customs, Bombay, (2002)4 SCC 297 observed
that:
• “where the words are clear and there is no obscurity, and there is no
ambiguity and the intention of the legislature is clearly conveyed,
there is no scope for the Court to take upon itself the task of amending
or altering the statutory provisions.”
• The interpretation is required for two basic reasons viz. to ascertain:
1.Legislative Language: Since the Statutes are drafted by Legal experts
using Legislative and technical Language, it can be complicated and
complex for layman to understand it and hence interpretation is
required to simplify and explain the provisions to the layman.
2.Legislative Intent: The Legislative Intent comprises of two-fold
aspects as to:
1. Concept of ‘meaning’, i.e., what the word means;
2. Concept of ‘object’ and ‘purpose’ or ‘spirit’ or the ‘reason’ pervading
throughout the Statute.
• The interpretation of statutes is needed:
1.To infer clear and precise meanings where multiple meanings can be inferred from the
language used.
2.To fill the gaps in law: it is impossible for the lawmakers to draft the law anticipating
all the possible scenarios that could arise in future and this impossibility leads to use of
indeterminate language and Courts from time to time have to interpret such
indeterminate language according to the present scenarios. For example: use of word
“reasonable” in the provisions, Courts interpret and define the word reasonable now
and then according to changing times.
3.To decide the most correct use of language: words may have multiple meanings and
each party in the Court will tend to infer the meaning which is advantageous to itself,
so courts interpret in the most correct manner and there by establishing its uniform use
too and ensuring uniform impart of justice.
• IMPORTANT POINTS TO KEEP IN MIND WHILE
INTERPRETATING:
• The Statute must be read as an entire context.
• The intention of the framers of the legislation should be kept in mind.
• Interpretation should be such as to make the Statute meaningful,
effective and workable.
• The process of construing should be literal as well as purposive i.e.,
one should shift from literal meaning if it leads to absurdity.
The word Interpretation and Construction are synonymously same but
jurisprudentially they are different. Interpretation means the art of explaining
something or giving its natural or ordinary meaning whereas construction means
drawing conclusions even though the same does not appear if words used in the
statute are given their natural meaning.

A statute have the following particulars:

1.SHORT TITLE- It is the byname of the statute for the identification only such as
the Indian Evidence Act, 1872, Indian Contract Act, 1872, code of criminal
procedure, 1973, etc
2. LONG TITLE- It is mentioned at the head of the statute and explains
the brief introduction about the statute. For example in crpc : An act to
consolidate and amend the law relating to criminal procedure, etc.

3. MARGINAL NOTE- marginal notes are those notes which are stated
before the section. For example; section 94 of the Indian penal code
states; act to which a person is compelled by threats, etc.

4. HEADINGS- It represents the group of sections. It is generally heading

of the group of sections. In another word we can say the chapter name or
sub-chapter name.
5. DEFINITION OF INTERPRETATION CLAUSE- These exist generally at the
starting of the statute for example; section 2 of the Indian Contract Act, 1872, which
states certain definitions such as proposal, promise, promisee and promisor,
consideration, agreement, reciprocal promises, void agreement, contract, voidable
contract and void contract.

6. PROVISOS- it means where a general law has been stated in the statute or natural
presumption had the proviso. It do not inserted in the enacting part of the statute but
at the end of the general rule or law.

7. ILLUSTRATIONS- they are present at the end of the section. We may say that
they are the examples or illustrating the proivision of law described therein.

8. EXPLANATIONS- They are inserted by the legislature itself to remove the

doubts which can be arise while reading the provision of the law. For example;
under section 108 of the IPC the word abettor has been defined as an explanation
just to remove the doubt that who can be the abettor.
a. There are generally two types of statutes:
-Temporary statute
-Permanent statute
• Temporary statutes are those statutes which have to passed every year
whereas permanent statutes are those which remain in enforce until
repealed or amended. There is no time period mentioned in the
temporary statutes. For example The Finance Act is a temporary act
which is required to be passed every year.
Classification of statutes
Statutes may be classified into 12 types;
1.Codifying statute:
Codifying statutes are those statutes which are in written form. The code contains
the pre-existing as well as the existing common laws

2.Consolidating statute:
These statutes are those statutes which consolidate the law on a particular subject
at one place.

3.Declaratory statute:
declaratory statute is a statute to remove the doubts arising in future. For example
the word declared is used in the preamble of every statute generally but not
necessarily. Mere the use of expression declared does not make the statute a
declaratory statute.
4.Remedial statute:
a remedial statute is one in which a remedy is provided. Its main object is to make
improvements in the enforcement of one's right and for the redress of wrongs. For
example- maternity benefits act, 1961, the workmen's compensation act 1923.

5.Enabling statute:
Enabling acts are one which makes the certain acts lawful which are generally
unlawful. It makes such provision legally valid in the eyes of law. Such a statute
grants power to make certain rules without prejudice to foregoing general provision.

6.Disabling statute:
a disabling statute are one which cuts down the right conferred by the common law.
7.Penal statute:
penal statutes are those which are providing different penalties for different offences. It is a statute which
punishes the certain acts or wrongs. For example; Indian penal code, 1959, Prevention of food and
adulteration act, 1954

8. Taxing statute:
taxing statute is one which is imposing taxes on certain goods and services. It can be in the form of
income tax, gift tax, wealth tax, sales tax, etc. its object is to collect the revenue for the state's welfare. It
is the source of revenue generation for the state.

9. Explanatory statute:
these are the statutes which explains the law or in other words remove the doubts or clarify the ambiguity
arising in the previous statute. For example; Royal mines act, 1963 was passed in order to remove the
ambiguity arising in the previous statute i.e; Royal mines act 1688. The Royal mines act, 1963 was
enacted for the better explanation of the earlier act.
10.Amending statute:
amending statute is one which makes changes in the original law by addition so as to
effect an improvement. For example; Direct taxes amendment act, 1974, criminal law
(amendment) act, 1983.

11.Repealing statute:
repealing statute is one which removes or repeals the earlier statute. The termination
of provision may be the express or explicit language of the statute.

12. Curative or validating statute:

A curative or validating statute is one which is passed to remove the defects in the
previous law and to cure the defects of the prior law. A validating statute normally
contains the expression notwithstanding any judgement order or decree of any court.