Prof Dippak/IDT Basics of Law/Rules of Interpretation

RULES OF INTERPRETATION

 Rule of LITERAL INTERPRETATION [Golden Rule of Interpretation]

Meaning  This is the primary rule of interpretation.
 It states that words used in a statute must be given their ordinary, normal and
grammatical meaning. Their ordinary meaning neither be enlarged nor restricted.

 PURPOSIVE INTERPRETATION
Meaning  It says that ordinarily the Court must find out the intention of the legislature from the
words used in a statute by giving them their natural meaning (literal meaning) but if
this leads to absurdity, inconvenience, injustice or evasion, then Court must
modify the meaning to such an extent as would prevent such a consequence.
[Word of Caution: It is for judge to say whether literal interpretation is leading to absurd
results or not.]

Example i) Excise: Sec 2(d) [Definition of Excisable Goods]

 MISCHIEF RULE [HEYDON’s RULE]

Meaning  For the sure and true interpretation of all statute, four things are to be discerned and
considered:
(a) What was the common law before the meaning of the Act;
(b) What was the mischief and defect for which the common law did not provide;
(c) What remedy the Parliament intended to resolve; and
(d) The judges shall take such an interpretation as shall suppress the mischief and
advance the remedy.
Example i) Misc Following was a provision in Street Offence Act, 1959
“Prostitutes shall be liable to prosecution if found guilty of attracting the
attention of passers-by in street”.
A prostitute was attracting attention of passers-by from balconies/windows. It was
held that “considering what is mischief aimed at by this Act. Everybody knows that this
was an act intended to clean up the streets, to enable people to walk along the streets
without being molested or solicited by common prostitutes. Viewed in that way, the
precise place from which a prostitute addressed her solicitation to somebody walking
in the street became irrelevant.

 Rule of HARMONIOUS INTERPRETATION

Meaning  This rule needs to be referred to when two provisions in a statute are contradictory to
each other.
 As per this rule, while interpretating such contrary provisions, it is the duty of
courts to avoid a head-on-clash between two sections of the Act and to construe the
provisions which appear to be in conflict with each other in manner as to harmonise
them.
 The provisions of one section of a statute cannot be used to defeat the other
provisions unless the court, in spite of its efforts, finds it impossible to effect
reconciliation between them.
Example ii) Excise: Sec 4-A [Explanation 2(b) vs Sec 4-A(4)]
Prof Dippak/IDT Basics of Law/Rules of Interpretation

SOME OTHER MAXIMS [RULES]

 Rule of EJUSDEM GENERIS
Meaning  The rule of ejusdem generis is generally invoked (applied) where the scope and ambit
of the general words which follow certain specific words (which have some
common characteristic and constitute a genus) is required to be determined.
This rule applies when:
(a) The statute contains enumeration of specific words;
(b) The subjects of enumeration constitute a class or category;
(c) That class or category is not exhausted by enumeration;
(d) The general terms / words follow that enumeration; and
(e) There is no indication of different legislative intent.

 By the application of this rule the scope and ambit of the general words which
follow certain specific words constituting a genus (class) is restricted to things
ejusdem generis (matching to/similar with) with those preceding them, unless the
context otherwise requires.
Example i) Misc: Where a wife asked husband for money for purchase of “bread, butter, fruits,
vegetables and other things”, then the expression “other things” cannot be
interpretated to include “diamond jewellery”. Its interpretation has to be restricted to
cover only eatables.

 Rule of NOSCITUR A SOCIIS

Meaning  It says that the meaning of a word is to be judged by the company it keeps. The
meaning of the doubtful words may be ascertained by reference to the meaning of
words associated with it.
Example i) Misc: In one case, Schedule to UP Sales Tax Act provides for concessional rate of
sales tax in case of
“Old, discarded, unserviceable or obsolete machinery”
The expression “old” was interpretated to refer to old machinery which had been non-
functional or non-usable (by applying rule of Noscitur a sociis).

ii) The entry “Paints, colours, lacquers, varnishes, POLISHES …..” will not cover
“Shoe Polish” within its ambit (by applying rule of Noscitur a sociis)