INTERPRETATION OF

STATUTES
WHAT IS A STATUTE?
 A written law passed by a legislative body.
Its a specific law, expressed in writing.
 A statute is a written law passed by a legislature
 Statutes set forth general propositions of law
that courts apply to specific situation
 A statute begins as a bill proposed. If the bill survives
the legislative committee process and is
approved by both houses of the legislature,
the bill becomes law ,
 When a bill becomes law, the various provisions
in the bill are called statutes.
 A statute is a will of legislature conveyed in the form of
text
 ‘Law’ includes any ordinance, order, bye-law, rule,
regulation, notification, custom or usage having the force
of law. [Article 13 (3) (a) of the constitution].
 Statutes include Acts passed by the Imperial or Provincial
Legislature in Pre-Independence days as well as
Regulations.
 Statutes generally refer to the laws and regulations of
every sort, every provision of law which permits or
prohibit anything.
 “Law” and “statute” both refer to certain laws that have
been made and implemented in a society for some kind
of discipline, rules, and regulations to be followed by a
community or society or nation as a whole.

 “Law” and “statute” are different from each other as a

law refers to some common rules made and followed by
the society for a long time which are still being
followed.
 Laws are not necessarily written whereas a statute refers to
laws which have been passed as bills by the legislature of a
country or have been written down and are consulted for use.
 Laws are guidelines and rules enforced by different
institutions. There are many different laws such as:
 Statute is a written law thus it is different from many
oral laws or customary laws where no rules are written,
but certain regulations and guidelines have been
followed for a long time.
 Statute law is written laws originating from
municipalities, states, or national legislatures;
 Laws are written or unwritten guidelines or
rules that are followed by communities.
For ex Sharia Law
Broad Classification of statues
 Temporary
 Permanent
 Mandatory
 Directory
Classification
 (i) Perpetual statutes - It is perpetual when no
time is fixed for its duration and such a statute
remains in force until its repeal which may be
express or implied.
 (ii) Temporary statutes - A statute is temporary
when its duration is only for a specified time and it
expires on the expiry of the specified time unless it
is repealed earlier.
 Directory statutes – A directory statute is generally
positive in its terms, recommends a certain act or omissions,
but imposes no penalty on non-observance of its provisions.
 Mandatory statutes – A Mandatory statute is one which
compels performance of certain acts and directs that a
certain thing must be done in a certain manner or form.A
type of Mandatory Statute is the Authoritative Statute.
Imperative Statutes are often negative or prohibitory in its
terms and makes certain acts or omissions absolutely
necessary and subjects a contravention of its provision to a
penalty.
 Codifying Statute – It presents and orderly and
authoritative statement of the leading rules of law
on a given subject, whether those rules are to be
found in statute law or common law. Hindu law
 Consolidating Statute – The purpose of
consolidating statute is to present the whole body
of statutory law on a subject in complete form
repeating the former statute. Crpc
 Repealing Statute – A statute which either expressly or by
necessary implication revokes or terminates another statute
is a repealing statute.
 Amending Statute – It is a Statute which makes and
addition to or operates to change the original law so as to
effect an improvement or more effectively carry out the
purpose for which the original law was passed.
 Explanatory Statute- An Statute which is enacted to
explain a previous law or to clear the ambiguity of a
previously made law. Example is the Royal Mines Act,
1963 was a explanatory statute of Royal Mines Act, 1688
 Enabling and Disabling Statues
 Curative Stautes
 Remedial statutes: The remedial statutes confers a
remedy. Like Maternity Benefit Act - beneficial
Legislations
 Taxing Statute-
 Penal Statute
 Public Statute – Administrative Law
 Private Statute – Contract Act
Parts of a Statute
1. Short title
2. Long title
3. Preamble
4. Marginal Notes
5. Headings
6. Definitions
7. Explanations
8. Provisos
9. Illustrations
10. Exceptions
11. Saving Clauses
12. Schedules
13. Punctuations
Ambiguity
 Enacted Laws, Especially the new acts and rules are drafted by the legal experts.
The language used is worded very carefully. The Laws are in English and English
is the most misunderstood language.
 Example:
 “I Love Bats”
 Sarah gave an Apple to her son wearing a pink dress.
 “I can see crane from my house”
 “I want to tie my hair with a tie”
 “The Central Government plans to raise the taxes was put down”
 Therefore,
 Ambiguous means having more than one possible meaning.
 The law can be ambiguous (Vague, Unclear, uncertain and confusing) (ಅಸ್ಪ ಷ್ಟ )
 The section can be ambiguous.
WHAT IS INTERPRETATION?
 Interpretation means the art of finding out the
true sense of an enactment by giving the words
of the enactment their natural and ordinary
meaning.
 It is the process of ascertaining the true meaning of
the words used in a statute.
 These principles are sometimes called ‘rules of
interpretation’.
Interpretation and Construction ? Difference

 Cooley ‘ interpretation is finding the true sense of a statute

or any form of words which the author wanted to convey
 Construction is drawing conclusions going beyond the
meaning of the direct expression of the text” knowing the
spirit of the law which are beyond the words of law "old
theory which ahs been criticized for being erroneous.
 Interpretation is to ascertain the true meaning of the
legislature
 Construction is drawing conclusions from a statute.
 But now the two terms are used as synonyms.
Meaning and Definition of Interpretation

 Interpretation of statute is the process of

ascertaining the true meaning of the words used in
a statute.
 When the language of the statute is clear, there is
no need for the rules of interpretation.
 But, in certain cases, more than one meaning may
be derived from the same word or sentence.
 It is, therefore, necessary to interpret the statute to
find out the real intention of the statute.
 Interpretation is a familiar feature of law and legal
practices.
 Interpretation is an important aspect of the
practice of law.
 Interpretation has very important role in justice
administration in the sense that it helps the legal
system “understand” the law.
 By interpretation is meant “the process by which the
Courts seek to ascertain the meaning of the
legislature through the medium of the authoritative
forms in which it is expressed”. Salmond: Jurisprudence
 The process by which a Judge or indeed any person,
lawyer or layman, who has occasion to search for the
meaning of a statute, constructs from the words of a
statute book a meaning which he either believes to be
that of the legislature, or which he proposes to
attribute to it, is called interpretation. Gray: The Nature and
the Sources of Law
Need for interpretation
 If the language is clear and unambiguous, no need of
interpretation would arise.
 In this regard, a Constitution Bench of five Judges of the
Supreme Court in R.S. Nayak v A.R. Antulay, AIR 1984
SC 684 has held:
 “… If the 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.”
 Difficulties
 1. WORDS IN A LANGUAGE ARE NOT SCIENTIFIC
HAVING A DEFINITE MEANING
 2. LANGUAGE IS AN IMPERFECT MEDIUM TO
CONVEY ONES THOUGHT.
 3. It is impossible for the legislature to judge the impact of
a statute after enacting it for various situation. Many
different circumstance may arise after the enactment is
opened for public which the legislators may not have
apprehended.
 Examples : Minute differences between words
 Again Supreme Court in Grasim Industries Ltd. v Collector of
Customs, Bombay,(2002)4 SCC 297 has followed the same
principle and observed:
 “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 court to take upon itself the task of amending
or altering the statutory provisions.”
 The purpose of Interpretation of Statutes is to help the Judge to
ascertain the intention of the Legislature – not to control that
intention or to confine it within the limits, which the Judge may
deem reasonable or expedient.
 Case name : London and North Eastern Railway vs. Berriman
(1945)
 Ramavatar vs. Assistant sales tax officer
(1961)
 The question before the court was whether the sale of
betel leaves was subject to sales tax. The appellant
contended that no such tac could be levied as betel
leaves were vegetables on the sale of which no tax could
be imposed.
 The appellant contended that the betel leave is an
vegetable. And he will not pay the tax?
 The SC rejected the contention and held that the
dictionary, technical meaning cannot be given to the
betel leaves. Natural and ordinary, popular meaning
needs to be given to a word