Kinds of Statutes

CLASSIFICATION OF STATUTES
A statute may generally be classified with reference to its duration, method, object,
and extent of application.
A. Classification with reference to duration
Such a mode classifies a statute as:-
1. Temporary statute.
2. Permanent statute.
 A temporary statute is one where its period of operation or validity has been
fixed by the statute itself.
 Such an Act continues in force, unless repealed earlier, until the time so fixed.
 After the expiry of the Act, if the legislature wishes to continue it, a new
enactment is required.
E.g.:- The Finance Act is a temporary Act and is required to be passed every year.
 A permanent statute is one where no such period has been mentioned but this
does not make the state is unchangeable; such a statute may be amended or
replaced by another Act.
B. Classification with reference to method
Such a mode classifies a statute as:
1. Mandatory, imperative or obligatory statute.
2. Directory or permissive statute.
• A mandatory statute is one which compels performance of certain things or
compels that a certain thing must be done in a certain manner or form.
• A directory statute merely directs or permits a thing to be done without
compelling its performance.
• A mandatory provision has to be strictly observed whereas substantial
compliance of a directory provision is enough.
Classification with reference to object
A statute may be classified with reference to its object as:
1. Codifying statute
2. Consolidating statute
3. Declaratory statute
4. Remedial statute
5. Enabling statute
6. Disabling statute
7. Penal statute 10. Amending statute.

8. Taxing statute 11. Repealing statute.

9. Explanatory statute 12. Curative or validating statute.

Codifying statute
• A codifying statute is one which codifies the law, or in other words, which purports
to state exhaustively the whole of the law upon a specific subject.
• For instance, The Hindu Succession Act, 1956 is a codifying statute with respect to
intestate succession among Hindus.
• The purpose of a codifying statute is to present an 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.
Consolidating statute
• A consolidating statute is one which consolidates the law on a particular subject at
one place; it collects all statutory enactments on a specific subject and gives them
the shape of one statute with minor amendments, if necessary.
• For example, In India, the Code of Criminal Procedure, 1974 is a consolidating
statute relating to criminal procedure.
• The purpose of a consolidating Act is to present the whole body of statutory law on a
subject in a complete form repealing the earlier Acts, However, a consolidating Act
may not be a mere compilation of earlier statutes.
Declaratory statute
• A declaratory statute is a statute to remove doubts either in the common law or in the
statutory law.
• Passing of a declaratory statute becomes desirable when certain expressions in common
law or statutes are being misunderstood.
• For instance, where the courts have been interpreting a particular expression as
connoting a specific meaning which the legislature feels is a wrong notion of the
expression. In such a case, the legislature may pass a declaratory statute declaring the
correct meaning of that expression thereby setting at rest the controversy about the
correct meaning of the expression. Mere use of the expression “it is hereby declared”
does not necessarily make the statute a declaratory statute.
• Generally, a declaratory statute contains preamble and also the word declared as well
as the word enacted.
• The main object of such an Act is to remove doubts as to the meaning of the existing
law, or to rectify an interpretation which the legislature thinks is wrong.
• Such statute does not create substantive rights; it simply declares the law as it is and
as it had been at the time when the Act came into force.
• A declaratory Act has retrospective operation but already decided matters under the
Act cannot be reopened.
• If, however, during the pendency of an appeal, a declaratory Act is passed, the appeal
will be decided on the basis of such Act.
• For Instance, In India, the Income Tax (Amendment) Act, 1985 which added
explanation 2 to Section 40 of the Income Tax Act, 1961 and the Finance Act,
1987 amending the definition of "Owner of house property" in Section 27 are
declaratory Acts.
Remedial statute
• A remedial statute is one whereby a new favour or a new remedy is conferred.
• The main object of passing such a statute is to make improvements in the enforcement
of one's rights or for redress of wrongs and remove defects or mistakes in the former
law.
• Of late, another synonymous expression, viz., socio-economic legislation, is being
preferred by many.
• Some illustrations of remedial statutes are the Maternity Benefits Act, 1961 and the
Workmen's compensation Act, 1923.
• A remedial statute receives liberal construction and doubt is resolved in favour of the
persons for whose benefit the statute is enacted.
Enabling statute
• An enabling statute is one which enlarges the common law where it is narrow.
• It makes doing of something lawful which would not be otherwise lawful.
• By an enabling Act the legislature enables something to be done.
• It empowers at the same time, by necessary implication to do the indispensable
things for carrying out time the object of the legislation.
• For Instance Section 49-A (1) and 49-A (2) of the Advocates Act, 1961 as
amended by Act 21 of 1964 is an illustration of this kind.
Disabling statute
• A disabling statute is one which restricts or cuts down a right conferred by the
common law.
• An Act restraining a common law right is a disabling Act.
Penal statute
• A penal statute is one which punishes certain acts or wrongs.
• Such a statute may be in the form of a comprehensive criminal code or a large number of
sections providing punishments for different wrongs.
• Some instances of such statutes are the Indian Penal Code, Arms Act, 1959, Prevention of
Food Adulteration Act, 1954 etc.
• The penalty for the disobedience of the law may be in the form of fine, forfeiture of property,
imprisonment and even death.
• Where obedience to law is enforced not by an individual action but by a command of the law
in the form of punishment, the statute is penal.
• A penalty can be imposed only when the letter of the law says so unambiguously and any
resolved in favour of the alleged offender.
Taxing statute
• A taxing statute is one which imposes taxes on income or certain other kind of
transaction.
• It may be in the form of income tax, wealth tax, sales tax, gift tax etc.
• The object of such a statute is to collect revenue of the government.
• Tax is levied for public purpose.
• It is a source of revenue generation for the State.
• The money so collected is utilised for welfare activities of the people.
• Tax can be levied only when a statute unequivocally so provides by using express
language to that effect and any doubt is resolved in favour of the assessee.
Explanatory statute
• An explanatory statute is one which explains a law.
• Such a statute is generally enacted with a view to supply an apparent omission or
to clarify the ambiguity as to the meaning of an expression used in a previous
statute.
• An Act enacted for the express purpose of explaining or clearing up doubts as to
the meaning of a previous Act is an Act of explanation or an explanatory statute.
• For instance, the Royal Mines Act, 1688 in Britain was passed to encourage
mining certain baser metals while the Royal Mines Act, 1963 was enacted for
better explanation of the earlier Act. The latter is an example of explanatory
statute.
Amending statute
• An amending statute is one which makes an addition to or operates to change the
original law so as to effect an improvement therein or to more effectively carry out
the purposes for which the original law was passed.
• A amending statute cannot be called a repealing statute.
• It is part of the law it amends.
• Direct Taxes Amendment Act, 1974, Direct Tax Amendment Act, 1986 Direct Tax
Laws Amendment Act, 1987, Taxation Laws Amendment Act, 1962 Taxation Laws
Amendment Act, 1970 and Taxation Laws Amendment Act, 1984 Criminal Law
(Amendment) Act, 1983 or Land Acquisition (Amendment) Ad 1984 are examples
of amending Acts.
Repealing statute
• A repealing statute is one which repeals an earlier statute.
• This revocation or termination may be by express or explicit language of the
statues or it may be by necessary implication also.
• For instance, the Hyderabad District Municipalities Act, 1956 was a repealing Act
which repealed the Hyderabad Municipal and Town Committees Act, 1951.
Similarly, the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) repealed and
re-enacted the Code of Criminal Procedure, 1898
Curative or validating statute
• A curative or validating statute is one which is passed to cure defects in prior law,
or to validate legal proceedings, instruments or acts of public and private
administrative authorities which in the absence of such an Act would be void for
want of conformity with existing legal requirements, but which would have been
valid if the statute had so provided at the time of enacting.
• The purpose of a validating statute is to remove the cases of ineffectiveness or
invalidity of actions or proceedings which are validated by a legislative measure.
• A validating legislation normally contains the expression “notwithstanding any
judgment, decree or order of any court.”
• The purpose of such an expression is to validate some actions which would
otherwise be unlawful or which may have been declared invalid by a court.
• A validation Act can be passed to remove perceived illegality which the Court
had no opportunity to adjudge.
D. Classification with reference to the extent of application
Such a mode classifies a statute as:
A. Public statute,
B. Private statute.

A public statute is one which relates to a matter of public policy. Such a statute may
be general, local or personal in nature.
A private statute concerns with matters which are individual in nature or is related to
a body which has no public consequence.