INTERPRETATION OF

STATUTES
HEADINGS:
• Generally, headings are attached to almost each section. E.
g. Section 437 of Cr. P. C. 1973 states “When bail may be
taken in case of non-bailable offence”.
• Headings are of two kinds – a) prefixed to section & b)
prefixed to a group of a section
• Headings have limited scope as they are not passed by the
legislature but inserted subsequently.
• Case Laws –
Iqbal Singh Marwah v. Meenakshi Marwah – (2005) 4 SCC 370
cognizance of the offences enumerated in clauses (b) (i) and (b)(ii) thereof.
Sections 340 and 341 Cr.P.C. which occur in Chapter XXVI give the
procedure for filing of the complaint and other matters connected therewith.
The heading of this Chapter is --'Provisions As To Offences Affecting The
Administration Of Justice'. Though, as a general rule, the language
employed in a heading cannot be used to give a different effect to clear
words of the Section where there cannot be any doubt as to their ordinary
meaning, but they are not to be treated as if they were marginal notes or
were introduced into the Act merely for the purpose of classifying the
enactments. They constitute an important part of the Act itself, and may be
read not only as explaining the Sections which immediately follow them, as a
preamble to a statute may be looked to explain its enactments, but as
affording a better key to the constructions of the Sections which follow them
than might be afforded by a mere preamble. The fact that the procedure for
filing a complaint by Court has been provided in Chapter XXVI dealing with
offences affecting administration of justice, is a clear pointer of the legislative
intent that the offence committed should be of such type which directly
affects the administration of justice, viz., which is committed after the
document is produced or given in evidence in Court. Any offence committed
with respect to a document at a time prior to its production or giving in
evidence in Court cannot, strictly speaking, be said to be an offence affecting
the administration of justice.
MARGINAL NOTES:
• Marginal notes are inserted by the draftsmen and not by legislators,
hence they do not carry authority of law for interpretation.
• They have very limited role to play for interpretation purposes.

• Case Laws –
1) Bengal Immunity Co. Ltd. V. State of Bihar (AIR 1955 SC 661)
2) Anwarul Haq v. State of UP (2005) 10 SCC 581
 ANWARUL HAQ V. STATE OF UP
• Section 324 provides that "Whoever except in the case provided for by Section 334, voluntarily
causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument
which, used as weapon of offence, is likely to cause death, or by means of fire or any heated
substance, or by means of any poison or any corrosive substance, or by means of any explosive
substance, or by means of any substance which is deleterious to the human body to inhale, to
swallow or to receive into the blood, or by means of any animal" can be convicted in terms of
Section 324. The expression "an instrument, which used as a weapon of offence, is likely to cause
death" should be construed with reference to the nature of the instrument and not the manner of
its use. What has to be established by the prosecution is that the accused voluntarily caused hurt
and that such hurt was caused by means of an instrument referred to in this Section.

• The Section prescribes a severer punishment where an offender voluntarily causes hurt by
dangerous weapon or other means stated in the Section. The expression "any instrument which
used as a weapon of offence is likely to cause death" when read in the light of marginal note to
Section 324 means dangerous weapon which if used by the offender is likely to cause death.
 BENGAL IMMUNITY CO. LTD. V. STATE OF BIHAR
The main controversy in this appeal has centered round this ground. It raises a question of
construction of article 286 of the Constitution. In the judgment under appeal the High
Court took the view that sales or purchases in the course of inter-State trade or commerce
referred to in article 286 (2) must be construed so as to exclude the particular 'Class of sales
or purchases described in the Explanation to clause (a) of article 286 (1) and that,
therefore, the provisions of the Bihar Sales Tax Act , 1947, in so far as they purported to
impose tax on such sales, were not in conflict with article 286 (2) as so construed.
Article 286 is in Part XII of the Constitution which deals with "Finance, Property, Contracts
and Suits". it is one of the several articles which are grouped under the heading
"Miscellaneous Financial Provisions" in Chapter I of that Part. It is to be noted that it has
not found a place in Part XI, Chapter I whereof deals with "Legislative Relations" including
"Distribution of Legislative Powers" between Parliament and the Legislatures of States. The
marginal note to article 286 is "Restrictions as to imposition of tax on the sale or purchase
of goods", which, unlike the marginal notes in Acts of the British Parliament, is part of the
Constitution as passed by the Constituent Assembly, prima facie, furnishes some clue as to
the meaning and purpose of the article.
286. Restrictions as to imposition of tax on the sale or purchase of goods
(1) No law of a State shall impose, or authorize the imposition of, a tax on the sale or
purchase of goods where such sale or purchase takes place.-
(a) outside the State; or
(b) in the course of the import of the goods into, or export of the goods out of, the
territory of India.
(2) Parliament may by law formulate principles for determining when a sale or purchase of
goods takes place in any of the ways mentioned in clause (1).
(3) Any law of a State shall, in so far as it imposes, or authorizes the imposition of,--
(a) a tax on the sale or purchase of goods declared by Parliament by law to be of special
importance in inter-State trade or commerce; or
(b) a tax on the sale or purchase of goods, being a tax of the nature referred to in
sub-clause (b), sub-clause (c) or sub-clause (d) of clause (29A) of article 366, be subject to
such restrictions and conditions in regard to the system of levy, rates and other incidents
of the tax as Parliament may by law specify.
PUNCTUATION MARKS
Punctuation marks mean the marks such as comma, full stop, colon,
semi-colon, apostrophe, quotation marks, hyphen, dash,
parentheses, slash, exclamation mark, question mark, etc. If the
placement of punctuation marks in a sentence is changed, the very
meaning of the set of the words might change.

E. g. “Let’s eat, Grandma!!”

“Let’s eat Grandma!!”

“A woman, without her man, is nothing”

“A woman, without her, man is nothing”
 MOHD. SHABHIR V. STATE OF
MAHARASHTRA
(AIR 1979 SC 564)

Section 27 of Drugs and Cosmetics Act, 1940 –

“Whoever manufactures for sale, sells, stocks or
exhibits for sale or distributes a drug without a
license is liable for punishment.”
 M. K. SALPEKAR (DR.) V. SUNIL KUMAR
SHAMSUNDER CHANDHARI (AIR 1988 SC
1841)
• Clause 13 (3) of the C.P. and Berar Letting of Houses
and Rent Control Order – Grounds for eviction of
tenants – “the tenant has secured alternative
accommodation, or has left the area for a continuous
period of four months and does not reasonable need
the house.”
ILLUSTRATIONS
• Illustrations are examples attached to the section. The purpose of
illustrations is to make the meaning of the section clear by giving
examples.
• E.g. Section 7 of the Indian Evidence Act – “Facts which are the
occasion, cause or effect, immediate or otherwise, of relevant facts, or
facts in issue, or which constitute the state of things under which they
happened, or which afforded an opportunity for their occurrence or
transaction, are relevant.
• Illustration –
• a) “The question is whether A robbed B. The fact that, shortly before
robbery, B went to a fair with money in his possession, and that he
showed it, or mentioned the fact that he had it, to third persons are
relevant.”
• b) “The question is, whether A murdered B. Marks on the ground,
produced by a struggle at or near the place where the murder was
BHIVA V. STATE OF MAHARASHTRA (AIR 1963
• Section
SC 599) 133 of Indian Evidence Act – An accomplice shall
be a competent witness against an accused person and
a conviction is not illegal merely because it proceeds
upon the uncorroborated testimony of an accomplice.

• S. 114 - The Court may presume the existence of any

fact which it thinks likely to have happened, regard being
had to the common course of natural events, human
conduct and public and private business, in their relation
to the facts of the particular case.
• (b) “that an accomplice is unworthy of credit, unless he is
corroborated in material particulars ;”
PROVISO
• In some sections, after the main provision is spelled out, a clause
is added which start with “provided that….”. This clause is called
as Proviso. A proviso creates an exception to the main provision.
Sometimes more than one provisos are attached with the section.
If there is any repugnancy between the two provisos, the latter
shall prevail.

• E. g. Section 23 of the Consumer Protection Act – “Any person

aggrieved by an order by the National Commission in exercise of
its powers conferred by Section 21(a)(i) may prefer an appeal
against such order to the Supreme Court within a period of 30
days from the date of the order;
• Provided that the Supreme Court may entertain an appeal after
the expiry of the said period of thirty days if it is satisfied that there
was sufficient cause for not filing it within that period.”
T.M. KANNIYAN V. I.T.O. PONDICHERRY (AIR
1968 SC
• Article 637)of the Constitution – Power is conferred
240(1)
on the President of India “to make regulations for
peace, progress and good government”. The proviso
says that President shall not make regulations after
constitution of Legislature of a Union Territory.

• Does the proviso mean that power of the President is

co-extensive with power of Legislature of Union
Territory?
• President’s power to make regulations is limited to
subjects falling within concurrent and State list?
UNION
Section 47OF INDIA
of the [Link]
Persons DILEEP KUMAR
Disabilities SINGH
(Equal Opportunities,
(2015) 4ofSCC
Protection Rights421
and Full Participation) Act, 1995 –
47. Non-discrimination in Government employment .-(1) No
establishment shall dispense with, or reduce in rank, an employee who
acquires a disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for
the post he was holding, could be shifted to some other post with the
same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against
any post, he may be kept on a supernumerary post until a suitable post
is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of
his disability:
Provided that the appropriate Government may, having regard to the
type of work carried on in any establishment, by notification and subject
to such conditions, if any, as may be specified in such notification,
EXPLANATION
Sometimes, explanation is appended after statutory
provisions. They are meant to clarify the meaning of the
defined word. It is considered as part and parcel of the
enactment.
E. g. Section 2(d) of the Code of Criminal Procedure, 1973 –
“Complaint means any allegation made orally or in writing to
a Magistrate, with a view to his taking action under this
Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report.
Explanation – A report made by a police officer in a case
which disposes, after investigation, the commission of a
non-cognizable offence shall be deemed to be a complaint.
SUNDARAM PILLAI V. PATTABIRAMAN (AIR 1985
SC 582)

The object of the explanation is –

A) to explain the meaning and intent of the Act;
B) to clarify obscurity or vagueness in the main
enactment so as to make it consistent with the object of
the Act;
C) to provide additional support to the dominant object to
make it meaningful and purposeful;
SCHEDULES
• In many acts, schedules are appended at the end of
enactment. They are considered as part of the
statute. The purpose of attaching Schedules is to
avoid encumbering the sections with matters of
excessive details.

• Much importance is not attached to Schedules but

where the words in a statute are doubtful and
uncertain in meaning, Schedules may be used for
throwing light on the Section to determine its
meaning.
EXTERNAL AIDS TO CONSTRUCTION
When outside sources like other statues or documents
etc. are called in for aid, they are called as External Aids
to Construction.
• Parliamentary Some of the external aids are as below:-
History
• Debates and Proceedings of the Legislature
• Historical Facts and Surrounding Circumstances
• Social, Economic and Political Developments
• Reference to other statutes
• Contemporanea exposition
• Codifying & Consolidating Statutes
• International Conventions
• Committee Reports
PARLIAMENTARY HISTORY
All the documents, records and material created during various
stages through which a legislation passes before attaining
finality is called as Parliamentary History.
• Traditional English view rejects the Parliamentary History as a
good aid to construction. However, courts can consider –
• A) external facts which are necessary to understand the
subject-matter;
• B) the mischief which is intended to be remedied by the
present statute;
• C) the reports of commissions is used as evidence of
surrounding circumstances with reference to which words are
used in the statute.
PARLIAMENTARY HISTORY
• The position of Supreme Court of India on using
Parliamentary History as aid to construction is not
consistent. In few cases, SC has approved the use of it,
however in some cases SC has outrightly rejected the use
of it.

What comprises of Parliamentary History?

• It includes debates on Bills in the process of its passing;
• Statement of Objectives and reasons accompanying a
Bill;
• Reports of Commission, Inquiry Committee, Joint
Parliamentary Committee or study group
A) DEBATES ON A BILL: -
• In some cases, the debates of the Constituent Assembly are
considered as inadmissible as external aid to construction. On
the same lines, the speeches & debates on a Bill in the
Parliament are also not admitted by the Courts. However, in
certain cases, SC has used Speeches as external aid to
construction.
• Case Law – Indira Sawhney v. Union of India (AIR 1983 SC
477) – Art. 16(4) of the Constitution was construed. SC
referred to speech of Dr. Ambedkar to interpret the words
“backward classes of citizens” which is not defined in the
Constitution. SC held that reference to such debates is
B) STATEMENT OF OBJECTS & REASONS:
• A legislative bill is generally accompanied by a statement
which is known as Statement of objects and reasons.

• This statement states the background, prevailing facts and

circumstances which necessitate enactment of proposed law
to control the evil and underlines the objectives sought to be
achieved by the proposed law.

• It has limited purpose in the construction. It cannot be used to

ascertain the true meaning or intention of the substantive
provisions of the law.
B) STATEMENT OF OBJECTS & REASONS:

• Statement of objects and reasons can only be

referred to for understanding the background, the
antecedent state of affairs, the surrounding
circumstances in relation to the state of affairs and
the evil which the statute sought to remedy.

• In Ashwini Kumar Ghose v. Arabinda Bose (AIR 1952

SC 369), SC ruled out Statement of Objects and
Reasons as an aid to Construction.
B) STATEMENT OF OBJECTS & REASONS:
Sushil Kumar Sharma v. Union of India (2005) 6 SCC 281 –
Section 498-A of IPC was interpreted by SC. It was held
that the object for which this section was introduced is
reflected in the Statement of Objects and Reasons while
enacting Criminal Law (Second Amendment) Act 46 of
1983. It was mentioned that the increase in the no of dowry
deaths is a matter of serious concern. In some cases,
cruelty of the husband and his relatives result in suicide by
or murder of the woman concerned. However, such cases
constitute only a small portion of cases. The object is to
combat the menace of dowry death and cruelty.
C) REPORTS OF COMMISSION, JPC, SG,
INQUIRY COMMITTEES:
Sometimes, before introducing a Bill in the Parliament, the Government
appoints a Commission or an Inquiry Committee or a Joint
Parliamentary Committee (JPC) or a Study Group (SG) for collecting
background information.

Case Laws: - Mohd. Hanif Qureshi v. State of Bihar (AIR 1958 SC 731)
– The Constitutional validity of various state legislations banning the
slaughter of certain animals was challenged in this case. SC held that
there is a presumption in favor of the constitutionality of the statute and
to sustain the same, the Court may take into consideration matters of
common knowledge, matters of common report and the history of the
times. In this case, SC referred to religious books, report of
Gosamvardhan Enquiry Committee of UP (1953), report of marketing of
cattle in India, report on Marketing of Hides in India, the First and
Second Five Year Plans, Memorandum of Nutrition Advisory Committee
C) REPORTS OF COMMISSION, JPC, SG,
INQUIRY COMMITTEES:
Shriram Chits And Investments (P.) Ltd. V. Union of India
(AIR 1993 SC 2063) – In this case, validity of the Chit Fund
Act, 1982 was in question. SC referred to the report of the
Banking Committee prepared in 1972, report of the Select
Committee of the Parliament, the report of the Study Group
on Non-Banking Financial Intermediaries constituted by the
Banking Commission and the report of the Raj Committee to
upheld the reasonableness and validity of Chit Fund Act,
1982.

Shrimant Shamrao Suryawanshi v. Pralhad Bhairoba

Suryavanshi (AIR 1997 SC 3297) – Section 53-A of the
HISTORICAL FACTS AND SURROUNDING
CIRCUMSTANCES:
The state of things or affairs existing at the time when a
law was enacted are called “Historical Facts and
Surrounding Circumstances”.

When the method of historical interpretation is

employed, courts consider the circumstances prevailing
at the time of original enactment and decipher the
intention of the legislature.
HISTORICAL FACTS AND SURROUNDING
CIRCUMSTANCES:
Case Law –
Auckland Jute Co. Ltd. V. Tulsi Chandra Goswami (AIR
1949 FC 153) – It was held that the interpreter should
place himself in the position of those whose words he is
interpreting and the meaning of the certain words and
terms used in an ancient document or a statute can be
properly explained only by reference to the
circumstances existing at the time when the statute was
enacted or the document was written.
SUBSEQUENT SOCIAL, POLITICAL & ECONOMIC
DEVELOPMENTS & SCIENTIFIC INVENTIONS:
• Social, Political and Economic developments and scientific
inventions are ongoing process. The Socio-political scenario
of the country keeps changing. The economic status improves
with passage of time. New scientific inventions keep coming.
• Keeping pace with the developments, some new words
emerge, some old words go out of circulation/use, some
words inflate in their meaning and some words reduce in their
scope.
• It cannot be expected that while legislating, the Parliament
could foresee and predict the future developments and use
appropriate phraseology. Law is enacted to cater to social
needs for a long time. Therefore, strict adherence to that
meaning of the word could cause inconvenience.
SUBSEQUENT SOCIAL, POLITICAL & ECONOMIC
DEVELOPMENTS & SCIENTIFIC INVENTIONS:
Some instances where general language used can also be
applied to later developed technology: -
i) Telephone was not invented till 1869 when Telegraph Acts
1863 and 1869 were enacted. Despite this, the word
“telegraph” is held to include telephone also.
ii) Playing of “music on hold” when the line is busy is held to
amount to “broadcast” within the meaning of Copyright Act,
1968 even though it is a new technology.
iii) “Data stored on a computer disc” is included in the meaning
of the term “indecent photograph” under sections 1 and 7 of
the Protection of Children Act, 1978.
SUBSEQUENT SOCIAL, POLITICAL & ECONOMIC
DEVELOPMENTS & SCIENTIFIC INVENTIONS:
Whether the wife is deemed to have given consent to
sexual intercourse?

• It is a common law fiction that by marriage, the wife is

deemed to have given irrevocable consent to sexual
intercourse in all circumstances.

• It was held in R. v. R. (1991) 4 All ER 481 (HL) that if the

husband does sexual intercourse with his wife without
her consent, he can be convicted of rape under Sexual
SUBSEQUENT SOCIAL, POLITICAL & ECONOMIC
DEVELOPMENTS & SCIENTIFIC INVENTIONS:
Importance of opinion of Chief Justice in the Appointment and
Transfer of Judges -
S.P. Gupta v. Union of India (AIR 1982 SC 149) – The 7 Judge
Bench of SC held by the majority that the power of appointment
and transfer of judges is an executive function and the opinion of
CJI, expressed in the process of consultation, though of great
weight, has no primacy and is not binding on the President but the
order of appointment or transfer is open for judicial review.
Supreme Court Advocates on Record Association v. Union of India
(AIR 1994 SC 2680 – The 9 Judge Bench by majority held that the
opinion of the CJI is prime. The consultation with the CJI amounts
to ‘concurrence’ although a proposal for the word ‘concurrence’
was not accepted in the Constituent Assembly. It was further held
that appointment or transfer made on the recommendation of CJI
SUBSEQUENT SOCIAL, POLITICAL & ECONOMIC
DEVELOPMENTS & SCIENTIFIC INVENTIONS:
More Examples –
• Concept of Personal Liberty as enshrined in Article 21 of
the Constitution of India

• Power of Parliament to amend the Constitution under Art

368

• Whether SC can pass any decree in a given cause or

matter – Art. 142 (1)
REFERENCE TO OTHER STATUTES: -
• Statutes in Pari Materia

• Help from Earlier Statutes

• Help from Subsequent Legislations

• Incorporation of Earlier Act into Later

REFERENCE TO OTHER STATUTES: -
STATUTES IN PARI MATERIA
• Pari means “same”, “Materia” means “subject-matter”.
Two statutes are said to be in Pari Materia when they
deal with same subject, person or thing.
• The statutes in pari materia can be lawfully referred to
determine the meaning of an ambiguous word.
• This rule is an extension of the rule in basic principle of
Ex Visceribus Actus. As per this maxim, while
interpreting any provision of a statute, the court is
required to read that statute as a whole.
REFERENCE TO OTHER STATUTES: -
STATUTES IN PARI MATERIA
• State of Madras v. A. Vaidyanatha Iyer (AIR 1958 SC
61) – Section 4 of the Prevention of Corruption Act,
1947 was construed. It provides that if the accused has
accepted any gratification other than legal
renumeration, it shall be presumed, unless contrary is
established by the accused, that the gratification was
accepted as a bribe. This Section was held to be in pari
materia with the subject-matter dealt with by Indian
Evidence Act, 1872. For construing the words “it shall
be presumed” occurring in Section 4 of Prevention of
REFERENCE TO OTHER STATUTES: -
STATUTES IN PARI MATERIA
• Common Cause, A Registered Society v. Union of India
(AIR 1996 SC 3081)– Explanation 1 attached to Section 77
(1) of the Representation of People Act, 1950 was in
question. According to this explanation, “any expenditure
incurred or authorized in connection with election of a
candidate by a political party shall not be deemed to be
expenditure in connection with election incurred or
authorized by the candidate.” SC took help of Section 13(A)
and Section 139 (4-B) of Income Tax Act, 1961. These
Sections exempt the income of political parties from house
property, other sources and voluntary contributions on one
hand but on the other hand require the political parties to
REFERENCE TO OTHER STATUTES: -
STATUTES IN PARI MATERIA
• Common Cause, A Registered Society v. Union of India
(AIR 1996 SC 3081) Continued...– In view of the above
provisions, SC held that if a political party is not
maintaining audited accounts and not filing return of
income, then such party cannot successfully establish
that it has incurred or authorized any expenditure in
connection with election of a party candidate and
therefore shall not be eligible to take protection of
Explanation 1 to Section 77(1) of the Representation of
People Act, 1950. Therefore, it does not give protection
REFERENCE TO OTHER STATUTES: - HELP
FROM EARLIER STATUTES
There is a presumption that Legislature knows the
judicial decisions as to interpretation of words.
When a word has already been assigned a
particular meaning in course of interpretation of an
Act and the Legislature repeats the same word in
the same context in a subsequent legislation, it is
word by the Court and reproduced them
intentionally so as to bear the same meaning.
Due to this presumption, help may be sought from
the statutes enacted earlier.
REFERENCE TO OTHER STATUTES: - HELP
FROM EARLIER STATUTES
Case Laws: -
Bengal Immunity Co. Ltd. V. State of Bihar (AIR
1955 SC 661) – When a statute is repealed and
re-enacted and the words in repealed statute are
produced in the new statute, they should be
interpreted in the same sense which had been
judicially put on them under the repealed Act,
because Legislature is presumed to be acquainted
with the construction which the courts have put
upon the words.
REFERENCE TO OTHER STATUTES: - HELP
FROM EARLIER STATUTES
Case Laws: -
Commissioner of Wealth Tax, West Bengal v. Imperial
Tobacco Co. of India Ltd. (AIR 1967 SC 230) – It was
held that Section 17(b) of the Wealth Tax Act, 1957 is in
pari materia with Section 34(b) of the Income Tax Act,
1922 and in interpreting the former, the decisions of
latter can be relied on.
R. S. Nayak v. A. R. Antulay (AIR 1984 SC 684) – SC
adopted historical evolution of Section 21 of IPC as
external aid to construction and held that an MLA was
REFERENCE TO OTHER STATUTES: - HELP
FROM SUBSEQUENT STATUTES
Normally, an earlier statute is referred to for
resolving ambiguity in a later Act. A later statute is
generally not used as an aid to construction of an
earlier enactment. However, if there is any ambiguity
in the earlier statute, then subsequent statute may
fix proper legislation which is to be put on the earlier
statute.
REFERENCE TO OTHER STATUTES: - HELP
FROM SUBSEQUENT STATUTES
Case Laws – Ammini v. State of Kerala (AIR 1998 SC
260) – In this case, pre-amended section 293 (4) of the
CR. P.C. was construed by Sc by using later
Amendment Act. Prior to amendment, the expression
“Director” was used in this section. After its amendment,
Deputy Director and Assistant Director were expressly
included with the terms Director. SC after referring to
this change held that “Joint Director” who was higher in
rank to Deputy Director and Assistant Director, must be
deemed to be included in Director; otherwise he would
also have been expressly included by the amendment
and also that this construction shall be applicable to the
REFERENCE TO OTHER STATUTES: - HELP
FROM SUBSEQUENT STATUTES
Case Laws – State of Bihar v. S.K. Roy (AIR 1966 SC
1995)– The Coal Mines Provident Fund and Bonus
Schemes Act, 1948 before its amendment by Act 45 of
1965 defined coal mine as including all works,
machinery, tramways and sidings, whether above or
below ground, in or adjacent to or belonging to a coal
mine. It was held that the word “or” preceding the
expression “belonging to the coal mine” should be read
as “and” . For arriving at this decision, SC took help
from definition of “coal mine” as introduced by the
Amending Act 45 of 1965 so as to fix proper
REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER
When the provision of an earlier Act are incorporated by
reference into a subsequent legislation, the provisions so
incorporated become part and parcel of the later Act. It is
also presumed that such incorporation is with all the
amendments made in it till the date of incorporation.

The result of such incorporation is that the provision of the

earlier law shall apply to the later enactment and also that
an interpretation attributed to the language of the earlier
Act shall be applicable to subsequent legislation as well.
REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER
The later Act along with incorporated provisions becomes
independent and remains unaffected by any modification
or even repeal of the earlier Act.
For Example – Section 2(y) of the Code of Criminal
Procedure, 1973 provides “words and expressions used
herein and not defined but defined in the Indian Penal
Code (45 of 1860) have the meanings respectively
assigned to them in that Code.”
In view of this provision, to get the meaning of an
undefined word used in the Code of Criminal Procedure,
REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER
Case Law: - Mahindra and Mahindra Ltd. V. Union of India
(AIR 1979 SC 798) – Section 55 of the Monopolies and
Restrictive Trade Practices Act, 1969 was construed. This
section lays down the grounds on which an appeal may be
preferred to the Supreme Court against the order passed
by MRTP Commissioner. This section says “on one or
more grounds specified in Section 100 of the Civil
Procedure Code, 1908.” It was held that S. 100 of CPC as
it existed in 1969 was incorporated in S. 55 and
substitution of new S. 100 of CPC abridging the grounds of
REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER

From various judgements of the Supreme Court, it is

gathered that the earlier Act is presumed to have been
incorporated into later Act with all the amendments made
in it.

After incorporation, the provisions incorporated in the later

Act become part and parcel of the later Act and the later
Act does not get affected by modification or repeal of the
earlier Act.
REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER

Case Laws: - Ram Swaroop v. Munshi (AIR 1963 SC 553)

– In this case, the Punjab Pre-emption Act, 1913 was in
question. In this Act, the definition of “Agricultural Land”
was not given but was incorporated by reference of the
definition of this expression in Punjab Alienation of Land
Act, 1900. Subsequently, Punjab Alienation of Land Act,
1900 was repealed by Adoption of Laws (Third
Amendment) Order, 1951. It was held that the repeal of
Punjab Alienation of Land Act, 1900 had no effect on
continued operation of Punjab Pre-emption Act and the
REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER

Case Laws: - Bolani Ores Ltd. V. State of Orissa (AIR 1975

SC 17)– Section 2(c) of the Bihar and Orissa Motor
Vehicles Taxation Act, 1930 was substituted in 1943. It
provided definition of “motor vehicle” by incorporation and
lays down that “motor vehicle” shall have the same
meaning as in Motor Vehicles Act, 1939. The definition in
Motor Vehicles Act was amended in 1956. It was held that
the amended definition was not applicable for the purposes
of Bihar and Orissa Motor Vehicles Taxation Act, 1930.
 REFERENCE TO OTHER STATUTES: -
INCORPORATION OF EARLIER ACT INTO LATER
State of Madhya Pradesh v. M.V. Narsimhan (AIR 1975 SC
1835) – This case laid down the exceptions to the rule that
if the earlier Act which is incorporated in a later Act, is
amended or repealed, it shall have no effect on the later
Act.
a) Where the later Act and earlier Act are supplementary to
each other;
b) Where two Acts are in Pari Materia;
c) Where amendment of earlier Act if not imported in later
Act, would render it wholly unworkable;
d) Where amendment of earlier Act either expressly or by
CODIFYING STATUTES:
• It is a statute which represents an orderly and authoritative
statement of the leading rules of law on a given subject. E.g.
Code of Civil Procedure, 1908.
• A codifying statute may be a code only with respect to a
particular branch of a subject. It may not cover other branches
of the same subject. E.g. Mumbai Kamgar Sabha, Bombay v.
Abudullbhai Faizullabhai – Payment of Bonus Act, 1965 – profit
bonus.
• A code is self-contained and complete.
• When a code covers a situation, it is not permissible to apply
general principles. The Court has to proceed on the mandate
of the Code only. E.g. King Emperor v. Dahu Raut (AIR 1935
CONSOLIDATING STATUTES:
• It is a statute which presents whole body of statutory law
on a given subject in a complete form repealing the former
statute. E.g. Insolvency & Bankruptcy Code, 2016.
• When a question arises a to construction of a section in a
consolidating statute, it may actually be a question of
construction of an earlier Act in which that section first
appeared.
• Case Law – Director of Public Prosecutions v. Schildkamp
(1969) 3 All ER 1640 (HL) – Section 332 (3) of the
Companies Act, 1948 was construed in the light of Section
75(3) of the original 1928 Act.
CODIFYING & CONSOLIDATING STATUTES:
DIFFERENCES
Codifying Statutes Consolidating Statutes
• It represents as orderly • It represents whole body of
statement of leading rules of statutory law on the subject
law on a given Subject. repealing former statute
• Former Statutes survive. • Former Statutes are repealed.
• It is self-contained and • They are not self-contained and
complete complete
• Unless the Code is ambiguous • Judges may refer to earlier
or silent on a issue, the court state of law and the judicial
cannot go outside the letter of decisions interpreting repealed
law. Acts.
• Presumption that the same • Presumption has no
words when used at different application.
places in same Act would bear
same meaning holds good and
CONTEMPORANEA EXPOSITIO:
According to this rule, words must be given contemporary
meaning or explanation, i.e. they should be understood in
the sense which they bore at the time when the statute was
passed.
With the passage of time, the words used in the statutes
might shrink or expand in their scope. But the words must
be assigned the meaning which they bore at the time of
enactment of law.
However, the courts may enlarge the meaning of the words
so as to cover new inventions of the same generic
conception, which were not even known at the time when
CONTEMPORANEA EXPOSITIO:
Tata Engineering and Locomotive Co. Ltd. V. Gram
Panchayat Pimpri Waghere (AIR 1976 SC 2463) – The
word “houses” used in the Section 89 of Bombay
Village Panchayats Act, 1933 was constructed by the
SC by application of rule of Contemporanea
exposition. The Court relied upon the rules made in
1934 in which the word “buildings” was employed in
place of “houses”. It was held that the word “houses”
used in the Act was not limited to dwelling houses but
included all buildings whether used for residence or for
CONTEMPORANEA EXPOSITIO:
N. Suresh Nathan v. Union of India (AIR 1992 SC 564) – SC
construed a service rule which was related to promotion of
section officers. This rule provides that Section Officers who
possessed a recognized Degree in Civil engineering or
equivalent could claim their eligibility for promotion if they had
completed 3 years of service in the grade. Further, those
Section Officers who possessed a Diploma instead of a Degree,
could claim their eligibility for promotion after putting in 6 years
of service in the grade. However, it was not clear that where a
person has obtained a Degree during the employment, from
what date the period of 3 years shall be reckoned. SC
considered the practice over a long period of time and held that