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Interpretation of Statute

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Interpretation of Statute

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sahuraju708091
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTERPRETATION OF STATUTE

INTRODUCTION OF TERMS

1) STATUTE: WRITTEN ACT/LAW ENACTED BY PARLIAMENT OR


STATE LEGISLATURE

LAW INCLUDES ORDINANCE, ORDER, BYE-LAWS, RULE,


REGULATION, NOTIFICATION ETC.

2) DOCUMENT: (a paper or other material thing giving information,


proof or evidence of anything)
TECHNICAL- SEC 3 - INDIAN EVIDENCE ACT, 1872 OR 3(18) - GENERAL
CLAUSES ACT, 1897
‘Document’ means any matter expressed or described upon any
substance by means of letters, figures or marks or by more than one
of those means, intended to be used, or which may be used, for the
purpose of recording that matter.

(i) Matter—This is the first element. Its usage with the word “any” shows that
the definition of document is comprehensive.
(ii) Record—This second element must be certain mutual or mechanical device
employed on the substance. It must be by writing, expression or description.
(iii) Substance—This is the third element on which a mental or intellectual
elements comes to find a permanent form.
(iv) Means—This represents forth element by which such permanent form is
acquired and those can be letters, any figures, marks, symbols which can be
used to communicate between two persons.

3) INSTRUMENT: (formal legal doc like a deed or charter executed in technical form)
TECHNICAL: 2(14)-Indian Stamp Act, 1899
‘instrument’ includes every document by which any right or liability is or purports to be created,
transferred, extended, extinguished or recorded.

4) DEED: ‘deed’ as an instrument in writing (or other legible representation or words on parchment
or paper) purporting to effect some legal disposition.

deeds are instruments though all instruments may not be deeds.


NO DIFFERENCE IN INDIA

5) INTERPRETATION: the process by which the Courts seek to ascertain the meaning of the
legislature through the medium of the words in which it is expressed.

REAL MEANING OF THE ACT INTENTION OF THE LEGISLATURE

IMPORTANCE OF INTERPRETATION

PROCESS OF STATUTE MAKING PROCESS OF INTERPRETATION

SEPARATE
HENCE,
INTERPRETATION =BRIDGE OF UNDERSTANDING

CLASSIFICATION OF INTERPRETATION
Jolowicz

It is ‘legal’ when there is an actual rule It is ‘doctrinal’ when its purpose


of law which binds the Judge to place a is to discover ‘real’ and ‘true’
certain interpretation of the statute. meaning of the statute.

when the court goes beyond the


It is ‘grammatical’/Literal when the words and tries to discover the
It is ‘authentic’ when rule of it is ‘usual’ when it comes
court applies only the ordinary rules intention of the statute in some
interpretation is derived from from some other source
of speech for finding out the other way, then it is said resort
the legislator himself; such as custom or case law.
meaning of the words used in the to a ‘logical’ interpretation.
statute.

Fitzerald

CLASSIFICATION OF INTERPRETATION

LITERAL FUNCTIONAL

which regards conclusively the which departs from the letter of


verbal expression of the law. It does the law and seeks elsewhere for
not look beyond the ‘literaligis' some other and more satisfactory
evidence of the true intention of
the legislature.

CONSTRUCTION: to determine from its known elements its true meaning or the intention of its
framers. Construction involves drawing conclusions beyond the actual expressions used in the text. This
is done by referring to other parts of the enactment and the context in which the law was made.

DIFFERENCE B/W INTERPRETATION & CONSTRUCTION (mostly used interchangeably)

where the Court adheres to the plain meaning of the language used by the legislature, it would be
‘interpretation’ of the words, but where the meaning is not plain, the court has to decide whether the
wording was meant to cover the situation before the court. Here, the court would be resorting to
‘construction’. Conclusions drawn by means of construction are within the spirit though not necessarily
within the letter of the law.

WHY INTERPRETATION?
• LAWS ARE AMBIGUOUS
• NOT PRECISE
• words of a statute are vague, ambiguous or reasonably capable of more than one meaning
• legislators cannot foresee all contingencies at the time of the passing of the law.
• FAULTY DRAFTSMENSHIP

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