INTERNAL AIDS TO

INTERPRETATION
Course: BB.A LL.B Second Year (Sem IV) 2022-2023
Subject: Legal Language/General English IV
 INTRODUCTION

An ‗Aid‘ means something that helps or assists.

While interpreting any statute, judges refer various aids. These aids to
statutory interpretation are divided into internal aids and external aids.
These are sometimes referred to as intrinsic aids and extrinsic aids to
interpretation.
Internal aids are those contained in the statute itself and consist of – Short
Title, Long title, Preamble, Headings, Marginal Notes, Punctuations,
Proviso, etc.
 1. Short Title
• It is a name for identification of the Act and generally ends with the year of passing
of the Act
Eg. Indian Penal Code, 1860
Indian Contract Act, 1872 etc
• Considered a part of the statute but has no role to play in interpretation
• Merely for reference
• Cannot extend/ delimit the clear meaning of a particular provision
• Usually contained in section 1 of an Act
Eg. Short title, extent and commencement- (1) This Act may be called the Right to
Information Act, 2005
• Is only considered as an abbreviation for purposes of reference and is not a useful
aid to interpretation
 2. Long Title
• The long title often precedes the preamble
• Gives a general description about the object of the Act
• Earlier it was not considered a part of the statute and therefore, was
not considered as an aid while interpreting it
Examples:
i) Code of Criminal Procedure, 1973- “An Act to consolidate and
amend the law relating to Criminal Procedure”

ii) The Consumer Protection Act, 2019 – “An Act to provide for
protection of the interests of consumers and for the said purpose, to
establish authorities for timely and effective administration and settlement
of consumers' disputes and for matters connected therewith or incidental
thereto”
 Long Title
• Change in thinking of Courts- numerous occasions when help has
been taken from the long title to interpret certain provisions of the
statute but only to the extent of removing confusions and
ambiguities

• The preamble and long title taken together is a good guide

regarding the object, scope or purpose of the Act
Case Law : Kedar Nath v. State of
West Bengal
Section 4 (Offences to be tried by Special Courts ) of the West Bengal
Criminal Law Amendment Act, 1949 was in question. The provision
empowered the State Government to choose as to which case should go
reference to the Special Court to be tried under a special procedure. The
same was challenged as being violative of Article 14 of the Constitution.
The Supreme Court rejected this contention after referring to the long title
which stated “An Act to provide for the more speedy trial and more effective
punishment of certain offences‟.
The Court held that the long title was clear enough to the give the State
Government a discretion as to which offences deserved to be tried by the
special courts under a special procedure.
 Case law: Aswinikumar Ghose v.
Arabinda Bose
The Supreme Court observed that „Although there are observations in earlier
English cases that the title is not a part of the statute and is, therefore, to be
excluded from consideration in construing the statutes, it is now settled law
that the title of a statute is an important part of the Act and may be referred to
for the purpose of ascertaining its general scope and of throwing light on its
construction, although it cannot override the substance of the enactment‟.
 Case law:
In the case of Amarendra Kumar Mohapatra & Ors. v. State of Orissa &
Ors., the Supreme Court has held that:

―The title of a statute is no doubt an important part of an enactment and

can be referred to for determining the general scope of the legislation.
But the true nature of any such enactment has always to be determined
not on the basis of the label given to it, but on the basis of its substance.‖
 3. Preamble
• It is an admissible aid to construction
• preamble is expected to express the scope, object and purpose of the Act
more comprehensively than the long title

• It may recite :
a) the ground and cause of making the statute (e.g Right To Information Act,
2005- “whereas the democracy requires an informed citizenry and transparency
of information which are vital to its functioning ”)
b) the evil sought to be remedied
(e.g RTI Act- “…. And also to contain corruption”)
 Preamble
• Principles:
a) When the language of an Act is clear, the preamble has no part to play in
the interpretation
b) Where the object/ meaning of an enactment is not clear, the preamble may
be resorted to, to explain it
 Case Law
In Rashtriya Mill Mazdoor Sangh v. National Textile Corporation (South
Maharashtra) (1996), the Supreme Court while interpreting certain
provisions of the Textile Undertakings (Take over of Management) Act,
1983 held that when the language of the Act is clear, preamble cannot
be invoked to curtail or restrict the scope of an enactment.
Case Law: Preamble
 Preamble to the Constitution
the Preamble defines the essential features and basic objective of the
Constitution

Case Law: Kesavananda Bharati v. State of Kerala (1973)

The SC held that preamble is a part of the Constitution
• Constitution, including Preamble, must be read as a whole and in case of
doubt, interpreted consistent with its basic structure to promote the great
objectives stated in the Preamble
 Preamble
Kesavananda Bharati v. State of Kerala
In this case, the apex court strongly relied on the Preamble to the
Constitution of India in reaching a conclusion that the power of the
Parliament to amend the constitution under Article 368 was not unlimited
and did not enable the Parliament to alter the Basic Structure of the
Constitution.
 4.Headings
• Prefixed to:
i) Chapter
ii) Group of sections
iii) Section
Example: In the Indian Contract Act-
• CHAPTER I: OF THE COMMUNICATION, ACCEPTANCE AND
REVOCATION OF PROPOSALS
• CHAPTER III: (S. 31 to 36) CONTINGENT CONTRACTS
• Section 10: What agreements are contracts.
 Headings
• It is a Settled view of the judiciary that headings prefixed to a sections/
group of sections/ chapters, can be referred to in construing the Act
• Rules applicable to the preamble are followed in case of headings, while
interpreting an enactment
• Use of the Heading helps in case the words in the provision are
ambiguous/confusing.
• Headings cannot be used if the words in the provision are clear and
unambiguous.
• Headings cannot be used to restrict the plain terms of an Act
• A heading to one set of sections cannot act as an aid to interpret another
set of sections
 Case Law:
Frick India Ltd v. Union of India and Others (1990)

The appellant-company was engaged in the manufacturing of air

conditioning and refrigeration equipment. The appellant filed two refund
applications of the said excise duty before the Assistant Collector of
Customs, contending that the refrigerating and air-conditioning appliances
were not excisable goods failing under Item No. 29A(3).
29A. REFRIGERATING AND AIR-CONDITIONING APPLIANCES AND
MACHINERY, ALL SORTS, AND PARTS THEREOF—
(1) Refrigerators and other refrigerating appliances, which are ordinarily sold or offered
for sale as ready assembled units, such as ice markers, bottle collers, display cabinets
and water coolers.
(2) Air-conditioners and other air-conditioning appliances, which are ordinarily sold or
offered for sale as ready assembled units, including package type of air-conditioners and
evaporative type of coolers.
(3) Parts of refrigerating and air-conditioning appliances and machinery, all sorts.
 Contn…
The argument of the learned counsel for the appellants was that sub-items (1) and (2) deal
with refrigerators and other refrigerating appliances and air-conditioners and other air-
conditioning appliances which are ordinarily sold or offered for sale as a ready assembled
unit. Therefore, in order to bring it within sub- items (1) and (2) such refrigerating and air-
conditioning appliances should be complete assembled units and they must also be
ordinarily sold or offered for sale as such ready assembled units.

It was contended that the cold storage plant and ice-factory plant supplied to the factories
concerned in this case as such are not such complete assembled units which are ordinarily
sold or offered for sale within the meaning of sub-items (1) and (2). From this premise they
sought to interpret sub-item (3) as meaning that the goods that are covered by that sub-item
are parts of those refrigerating or air-conditioning appliances which in its assembled form
would have come as a complete unit under Tariff sub-items (1) and (2) of Item 29A and are
manufactured for sale. In other words, they want to restrict the content of sub-item (3) with
reference to the items that may fall under sub-items (1) and (2). The further submission
was that though in its sweep sub-item (3) may appear to cover all and every part of
refrigerating and air-conditioning appliances and machinery of all sorts, the words "and
parts thereof" in the heading controlled the meaning and restrict it in the context only to
parts of a completed unit which as such completed unit would have come under sub-
items (1) and (2) of Item 29A
 Contn…
The Court held that it is well-settled that the headings prefixed to sections or
entries cannot control the plain words of the provision; they cannot also be referred
to for the purpose of construing the provision when the words used in the
provision are clear and unambiguous; nor can they be used for cutting down the
plain meaning of the words in the provision.
Only, in the case of ambiguity or doubt the heading or sub-heading may be
referred to as an aid in construing the provision but even in such a case it could not
be used for cutting down the wide application of the clear words used in the
provision.
Sub-item (3) so construed is wide in its application and all parts of refrigerating
and air-conditioning appliances and machines whether they are covered or not
covered under sub-items (1) and (2) would be clearly covered under that sub-item.
Therefore, whether the manufacturer supplied the refrigerating or air-conditioning
appliances as a complete unit or not is not relevant for the levy of duty on the parts
specified in sub-item (3) of Item 29A.
 5. Marginal Notes
• These are sometimes inserted at the side of the section in an Act and express the
effect of the section.
• Also known as “side notes”
• In olden times, help used to be taken from the marginal notes when clear meaning
of an enactment was in doubt. But the modern view is that marginal notes have no
role to play while interpreting a statute. The reason for this is that generally, it is not
inserted by the legislature and therefore, it may be inaccurate.
• In exceptional cases, marginal notes are inserted by the legislature and therefore,
help can be taken from them for interpretation. E.g in the Constitution of India,
marginal notes were inserted by the Constituent Assembly, therefore, while
interpreting the Constitution, it is permissible to seek guidance from marginal notes.

• If there is a conflict between a provision and a marginal note, the provision shall
prevail
 Marginal Notes
Case Law:

Nagendra Kumar Roy v. Commr. For Port of Calcutta

The unamended section 84 of the Calcutta Port Act, 1890 contained the
expression „previous sanction‟. The word „previous‟ was omitted from the
section as amended in 1951 but was retained in the marginal note. The Court
held that the dropping of the word „previous‟ was deliberate and the marginal
note could not govern the substantive provisions.
 6. Punctuations
• Punctuations cannot control, vary or modify the plain and simple meaning of
the language of the statute
• At the most, they can aid in the construction of ambiguous statutes. Such
assistance is also subject to the condition that the punctuation marks have
been inserted with accuracy.
• Even where punctuations sometimes lend assistance in the construction of
sentences, they are always subordinate to the requirement of the context
 Case law
Mohd. Shabbir v. State of Maharashtra (1979)
The appellant was apprehended at the Bhusawal railway station, and 17
containers with 17,000 white tablets were recovered from him. The tablets were
tested by the public analyst, and found to be not in accordance with the
standard specified under the Drugs and Cosmetics Act. The interpretation of
Section 27 was in question.
Section 27 :Whoever himself or by any other person on his behalf manufactures for sale,
sells, stocks or exhibits for sale or distributes-(a) any drug….
It was contended that as there was no evidence to show that the tablets were
"for sale", their possession of any quantity whatsoever, would not
constitute an offence under s. 27.
 Contn..
• The Court held that the absence of any comma after the word "stocks" clearly
indicates that the clause "stocks or exhibits for sale" is one indivisible whole
and it contemplates not mere stocking the drugs, but stocking the drugs for
the purpose of sale.
 Case law
C.V. Raju v. C. Balagopal And Others (2001)

An interesting question, as regarding interpretation of an eligibility clause for

holding the post of Chief General Manager in A.P. Industrial Development
Corporation, Hyderabad was in question. The said clause reads thus:

"Qualification for all General Managers and Deputy General Managers:

Education: Atleast I Class Degree in Engineering or Technology or a I Class
Master's Degree in Science, with MBA qualifications.

The Appellant was not considered for promotion for General Manager, was not
considered on the ground that he does not hold MBA qualification. It was held
that the Degree in MBA is an essential qualification. In the instant case,
'comma' has been used to support all disjunctive words and thus, MBA is a
necessary qualification.
 7. Illustrations
• It is sometimes appended to a section to illustrate the provision of law
explained in that section
• It is not considered exhaustive
• Being the show of the legislature, illustrations are considered as a good guide
to find the intention of the legislature
• Illustrative of the true scope and ambit of the section
• It must be read subject to the relevant provision in the section itself
• An enactment otherwise clear cannot be given an extended or restricted
meaning on the basis of an illustration
 Illustrations
Example: Indian Contract Act 1872

Section 56: Agreement to do an impossible act

An agreement to do an act impossible in itself is void.

Illustrations
(a) A agrees with B to discover treasure by magic. The agreement is void.
 Illustrations
Example: The Indian Penal Code 1860

Section 351: Assault.—

Whoever makes any gesture, or any preparation intending or knowing it to be likely that
such gesture or preparation will cause any person present to apprehend that he who
makes that gesture or preparation is about to use criminal force to that person, is said to
commit an assault.

Explanation.—Mere words do not amount to an assault. But the words which a person
uses may give to his gestures or preparation such a meaning as may make those
gestures or preparations amount to an assault.

Illustrations(a) A shakes his fist at Z, intending or knowing it to be likely that he may

thereby cause Z to believe that A is about to strike Z, A has committed an assault.
 8. DEFINITION or
INTERPRETATION CLAUSES
• A definition clause does away with the necessity of frequent repetitions
• Generally, the meaning given to a particular word in the definition clause
will be given to that word wherever it is used in that statute. Exception- Any
provision either expressly or by intendment excludes it by giving a different
meaning „unless the context otherwise requires‟
• Definition clause of one Act cannot be used to explain the same word used in
another act. However, if both the statutes are in pari materia and the word has
been defined in one Act, the same meaning may be assigned to the word in
other Acts as well.
 Definition:
(i) Means:
• is prima facie restrictive and exhaustive
• Meaning cannot go beyond what has been mentioned

(ii) Includes:
definition enumerative but not exhaustive

(iii) Means and includes:

• Exhaustive definition
• As a general proposition, the adoption of the definitional structure „means and includes‟ indicates
an exhaustive explanation of the content of the term which is the subject of the definition, and
conveys the idea both of enlargement and exclusion
• E.g unfair trade practices, services etc
 Definition
(iv) Shall be deemed :

• It creates a legal fiction

• Legal fiction assumes existence of a fact which may not really exist
• It is used to bring in something which according to its ordinary meaning is
not included within the word
 Examples: Legal Fiction

(i) Section 12 of the Hindu Adoption and Maintenance Act creates a legal fiction.
According to section 12 “ An adopted child shall be deemed to be the child of his or
her adoptive father or mother for all purposes with effect from the date of the adoption
and from such date all the ties of the child in the family of his or her birth shall be
deemed to be severed and replaced by those created by the adoption in the adoptive
family”
Here the legal fiction has been created to give effect to the relationship between a child
and his adoptive parents. This fiction confers a lawful right to the child adopted, to be
considered and thereby treated as the real child born in the adoptive family for all
purposes, including succession.
(ii) The maxim”Ignoratia juris non excusat” is also an example of legal fiction.
Another example of legal fiction is a famous maxim Ignorantia juris non excusat which
literally means “Ignorance of law is no excuse”. This maxim is based on a fiction that
every person has knowledge of the law. The absence of such fiction would generate
confusion making it impossible to enforce the law as everyone will claim his or her
ignorance of law
(iii) Separate Legal existence
It is a well settled principle that the companies have a separate legal existence.
 Contn..
It is a well known principle of construction that in interpreting a provision
creating a legal fiction, the Court is to ascertain for what purpose the fiction is
created, and after ascertaining this, the Court is to assume all those facts and
consequences which are incidental or inevitable corollaries to giving effect to
the fiction. But in so construing the fiction it is not to be extended beyond the
purpose for which it is created, or beyond the language of the Section by which
it is created.

A legal fiction in terms enacted for the purposes of one Act is normally
restricted to that Act and cannot be extended to cover another Act.
 Case laws: Definitions
Lucknow Development Authority v. M.K. Gupta (1994)

The Lucknow Development Authority undertook development of land and formed

plots of different categories/sizes and constructed dwelling units for people belonging
to different income groups. The plaintiff, Mr. Gupta, applied for the plot and he was
allotted one plot. Since the entire payment was made and the flat was registered in his
name. However, even after payment of entire amount in respect of cash down scheme
the Authority was not handing over possession nor they were completing the
formalities and the work was still incomplete. Mr. Gupta claimed compensation for
deficiency in services under the Consumer Protection Act from Lucknow Development
Authority

The Supreme Court examined the definition of “Services” under the Consumer
Protection Act -
 Contn..
"service" means service of any description which is made available to potential users
and includes, but not limited to, the provision of facilities in connection with banking,
financing, insurance, transport, processing, supply of electrical or other energy,
telecom, boarding or lodging or both, housing construction, entertainment, amusement
or the purveying of news or other information, but does not include the rendering of
any service free of charge or under a contract of personal service;

The Court observed that the main clause itself is very wide. It applies to any
service made available to actual as well as potential users. The Court held that
Housing construction‟ comes within the meaning of „service‟ as defined in the
Consumer Protection Act.
 Case Laws: Definitions
Divisional Manager LIC, Varanasi v/s Rajkumari Mittal (1984)
A person named Mr.B.S Ahuja , an employee of LIC, took a loan from LIC and
purchased a car under Hire-Purchase Agreement. The car was registered in the
name of Divisional manager LIC while Ahuja was driving the car , it caused an
accident. The tribunal held the Divisional manager vicariously liable for the
accident. The question for decision before the Allahabad High Court was that
who should be treated as the ―owner‖ of the car for the purpose of liability to
pay compensation to the victim.
The Court referred the definition of ―owner‖ under the Motor Vehicles Act

“owner” means a person in whose name a motor vehicle stands registered,

and where such person is a minor, the guardian of such minor, and in relation to
a motor vehicle which is the subject of a hire-purchase, agreement, or an
agreement of lease or an agreement of hypothecation, the person in
possession of the vehicle under that agreement;
 Contn..
Interpreting the definition, the Court held that for the purpose of Motor
Vehicles Act, Mr Ahuja should be considered as the owner who will be
liable to pay compensation as the car was in his possession at the time of
the accident. There is no question of any vicarious liability of the
Divisional Manager. He was not the owner of the vehicle for the purposes
of the Act. Mr.B.S. Ahuja was not using the car of the Life Insurance
Corporation of India in his official capacity. He was using the car under a
hire purchase agreement and was the owner of the car for the purposes
of the Act.
 9. Explanation
• Explanations are inserted with the purpose of explaining the meaning of a
particular provision and to remove doubts.
• It does not expand the meaning of the provision to which it is added but only
ties to remove confusion, if any, in the understanding of the true meaning of
the enactment.
• It should be so read as to clear up any ambiguity in the main section and
should not be construed to widen the ambit of the section
• It clarifies a doubtful point in law
• A large number of Indian Acts have explanations attached to various sections
 Explanation
Example: The Indian Penal Code 1860

Section 351: Assault.—

Whoever makes any gesture, or any preparation intending or knowing it to be likely
that such gesture or preparation will cause any person present to apprehend that he
who makes that gesture or preparation is about to use criminal force to that person, is
said to commit an assault.

Explanation.—Mere words do not amount to an assault. But the words which a person uses
may give to his gestures or preparation such a meaning as may make those gestures or
preparations amount to an assault.

Therefore, from S. 351 mentioned above, the explanation to the section clarifies that
only words do not amount to an assault, but words coupled with gestures may amount
to an assault.
 Explanation
Example:
304B. Dowry death
Where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage
and it is shown that soon before her death she was subjected to cruelty or har-
assment by her husband or any relative of her husband for, or in connection
with, any demand for dowry, such death shall be called “dowry death”, and
such husband or relative shall be deemed to have caused her death.

Explanation.—For the purpose of this sub-section, “dowry” shall have the same
meaning as in section 2 of the Dowry Prohibition Act, 1961
 Explanation
In Bengal Immunity Company v. State of Bihar, the Supreme
Court has observed that an explanation is a part of the section to
which it is appended and the whole lot should be read together to
know the true meaning of the provision.

In M.K. Salpekar v. Sunil Kumar Shamsunder Chaudhari, the

Supreme Court observed that where a provision is related to two
kinds of accommodation—residential and non-residential, and the
explanation attached to it refers to only residential accommodation, it
cannot control non-residential accommodation and, therefore, cannot
be looked into in matters connected with the latter.
 10. EXCEPTION CLAUSE
• Exceptions are generally added to an enactment with the purpose of exempting something which
would otherwise fall within the ambit of the main provision.
• For instance, there are five exceptions attached to Section 300 of the Indian Penal Code which defines
„murder‟. These five exceptions are the cases which are not murders but culpable homicide not
amounting to murder.
• It is considered as a part of the section to which it is attached.
 12. Schedules
• Schedules are parts of the Statute itself and may be looked into by the courts
for the purpose of interpreting the main body of the statute.
• Sometimes, a schedule may contain some subjects in the form of a list as is the
case with the Constitution of India to enable the Union and the states to
legislate in their respective fields.
• Schedules are appended towards the end of the enactment.
• Examples: The Code of Criminal Procedure, The Limitation Act, Constitution
of India
 Case Laws
Ramavatar B. v. Assistant Sales Tax Officer

In this case, the court referred to the Schedule. Sale tax was imposed on the petitioners who
were dealers in betel leaves under the provisions of the Central Provinces (C. P.) and Berar
Sales Tax Act, 1947. As per the mandate of the Act, articles mentioned in the Second Schedule
were exempt from Sales Tax and articles not mentioned were taxable. The said Schedule
exempted vegetables from sales tax. The contention of the petitioners was that betel leaves also
come under the purview of „vegetables‟ and therefore, could not be taxed.
The Supreme Court held that the word "vegetable" must be interpreted in its popular sense as
understood in common language i.e., denoting a class of vegetables which are grown in a
kitchen garden or on a farm and are used for the table.
 Case Laws
In M/s. Aphali Pharmaceuticals Limited v. State of Maharashtra, the Supreme
Court held that in case of a clash between the schedule and the main body of an
Act, the main body prevails and the schedule has to be rejected.

In Jagdish Prasad v. State of Rajasthan and others, the Supreme Court ruled
that the purpose of a schedule is to advance the object of the main provision
and deletion of schedule cannot wipe out provisions of an Act in effect and
spirit.
 11. Savings Clause
• Inserted where one statute is repealed and re-enacted by another
• Introduced in order to safeguard rights which but for such saving, would be
lost
• Example: Section 85 of the Arbitration and Conciliation Act, 1996 – “ the
provisions of the said enactments shall apply in relation to arbitral proceedings
which commenced before this Act came into force”
• Effect of such clause is that the repealed statute remains in force as if the
second statute had not been passed, as regard the rights the party
previously had
• It does not give any further right than that the party already had under the
previous law
 12. Proviso
• In some sections of a statute, after the main provision is spelled out, a clause
is added, with the opening words “provided that…”.
• The part of the section commencing with the words “Provided that…” is
called a Proviso.
• A proviso is a clause which is added to the statute to except something from
enacting clause or to limit its applicability.
• As such, the function of a proviso is to qualify something or to exclude,
something from what is provided in the enactment which, but for proviso,
would be within the purview of enactment.
 Proviso
Example: S. 85 of the Indian Penal Code, 1860

Nothing is an offence which is done by a person who, at the time of doing it, is,
by reason of intoxication, incapable of knowing the nature of the act, or that he
is doing what is either wrong, or contrary to law; provided that the thing which
intoxicated him was administered to him without his knowledge or against his will.

In the above section, the proviso is used to exclude the case where the person
voluntarily got intoxicated and committed an offence from taking benefit of the
defence of intoxication.
 Case Laws:
Nagar Palika Nigam v/s Krishi Upaj Mandi Samiti (2008)

The Supreme Court observed that as a general rule, a proviso is added to an

enactment to qualify or create an exception to what is in the enactment and
ordinarily, a proviso is not interpreted as stating a general rule. Normally, a
proviso does not travel beyond the provision to which it has been enacted as a
proviso.
Case Laws:
 13. Non-obstante clause
• The expression “non-obstante” means “notwithstanding”
• a non-obstante clause іs usually used іn a provіsіon to іndіcate that the provіsіon
should prevaіl despіte anythіng to the contrary іn the provіsіon mentіoned іn such
nonobstante clause. Іn case there іs any іnconsіstency or a departure between the
non-obstante clause and another provіsіon, one of the objects of such a clause іs to
іndіcate that іt іs the non-obstante clause whіch would prevaіl over the other clause.
• A clause begіnnіng wіth „notwіthstandіng anythіng contaіned іn thіs Act or іn some
partіcular provіsіon іn the Act or іn some partіcular Act or іn any law for the tіme
beіng іn force‟, іs sometіmes appended to a sectіon іn the begіnnіng, wіth a vіew
to gіve the enactіng part of the sectіon, іn case of conflіct, an overrіdіng effect
over the provіsіon or Act mentіoned іn the nonobstante clause.
• Even though the notwіthstandіng clause іs very wіdely worded, іts scope may be
restrіcted by constructіon havіng regard to the іntentіon of the legіslature gathered
from the enactіng clause or other provisions of the Act.
 Case Law
PEK Kallіanі Amma v. K. Devі (1996)

Sectіon 16 of the Hіndu Marrіage Act, 1955, whіch legіtіmіzes chіldren born of voіd
marrіages, opens wіth a non-obstante clause:
„notwіthstandіng that a marrіage іs null and voіd under sectіon 11, any child of such marriage
who would have been legitimate if the marriage had been valid, shall be legitimate….,’
havіng regard to the language and benefіcial purpose of the enactіng the clause іt was
observed by the Supreme Court that chіldren born out of voіd marrіages were held to
be legіtіmatіzed. The Act intends to bring about social reforms, conferment of social
status of legitimacy on a group of innocent children, who are otherwise treated as
bastards, is the prime object of Section 16.
Section 16 also contains a legal fiction. It is by this legal fiction that the legislature has
provided that children, though illegitimate, shall, nevertheless, be treated as legitimate
notwithstanding that the marriage was void.