Internal Aid of Interpretation

Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation.

But if the words are vague and ambiguous than internal aid may be sought for interpretation.

INTERNAL AIDS

1. Context
If the words of a statute are ambiguous then the context must be taken into consideration. The context includes other provisions of the statute, its preamble, the existing state of law and other legal provisions. The intention behind the meaning of the words and the circumstances under which they are framed must be considered.

2. Title
Title is not part of enactment. So it cannot be legally used to restrict the plain meaning of the words in an enactment. Long title
The heading of the statute is the long title and the general purpose is described in it.

E.g. Prevention of Food Adulteration Act, 1954, the long title reads as follows “An Act to make provisions for the prevention of adulteration of food”.
In Re Kerala Education bill, the Supreme Court held that the policy and  purpose may be deduced from the long title and the preamble.
In Manohar Lal v State of Punjab, Long title of the Act is relied as a guide to decide the scope of the Act.

3.Short Title
The short title of the Act is purely for reference only. The short title is merely for convenience. E.g. The Indian Penal Code, 1860.

3.Preamble
The Act Starts with a preamble and is generally small. The main objective and purpose of the Act are found in the Preamble of the
Statute. “Preamble is the Act in a nutshell. It is a preparatory statement. It contains the recitals showing the reason for enactment of the Act. If the language of the Act is clear the preamble must be ignored. The preamble is an intrinsic aid in the interpretation of an ambiguous act.
In Kashi Prasad v State, the court held that even though the preamble cannot be used to defeat the enacting clauses of a statute, it can be treated as a key for the interpretation of the statute.

4.Headings
A group of Sections are given under a heading which act as their preamble. Sometimes a single section might have a preamble. S.378- 441 of IPC is “Offences against property”.

Headings are prefixed to sections. They are treated as preambles. If there is ambiguity in the words of a statute, headings can be referred.
In Durga Thathera v Narain Thathera, the court held that the headings are like a preamble which helps as a key to the mind of the legislature but do not control the substantive section of the enactment.

5. Marginal notes
Marginal notes are the notes that are printed at the side of the section in an Act and it summarizes the effect of the section. They are not part of the statute. So they must not be considered. But if there is any ambiguity they may be referred only as an internal aid to the construction.

In Wilkes v Goodwin, the Court held that the side notes are not part of the Act and hence marginal notes cannot be referred.

6. Proviso
A proviso merely carves out something from the section itself. A proviso is a subsidiary to the main section and has to be construed in the light of the section itself. Ordinarily, a proviso is intended to be part of the section and not an addendum to the main provisions. A proviso should receive strict construction. The court is not entitled to add words to a proviso with a view to enlarge the scope.

7. Definition/ Interpretation clause
The legislature can lay down legal definitions of its own language, if such definitions are embodied in the statute itself, it becomes binding on the courts. When the act itself provides a dictionary for the words used, the court must first look into that dictionary for interpretation.
In Mayor of Portsmouth v Smith, the court observed “The introduction of interpretation clause is a novelty.”

8. Conjunctive and Disjunctive words
The word “and” is conjunctive and the word “or” is disjunctive. These words are often interchangeable. The word ‘and’ can be read as ‘or’ and ‘or’ can be read as ‘and’.

9. Explanations

IN certain provisions of an Act explanations may be needed when doubts arise as to the meaning of the particular section.
Explanations are given at the end of each section and it is part and parcel of the enactment.

10. Exceptions and savings clause
To exempt certain clauses from the preview of the main provisions, and exception clause is provided. The things which are not exempted fall within the purview of the main enactment. The saving clause is also added in cases of repeal and re-enactment of a statute.

11. Schedules
Schedules form part of a statute. They are at the end and contain minute details for working out the provisions of the express enactment.
The expression in the schedule cannot override the provisions of the express enactment. Inconsistency between schedule and the Act, the Act prevails. ( Ramchand textiles v sales tax officer)

12. Illustrations
Illustrations in enactment provided by the legislature are valuable aids in the understanding the real scope.

13. Meaning of the words
The definition of the words given must be construed in the popular sense. Internal aid to construction is important for interpretation.

14.  Punctuation
Punctuation is disregarded in the construction of a statute. Generally there was no punctuation in the statutes framed in England before 1849. Punctuation cannot control, vary or modify the plain and simple meaning of the language of the statute.

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Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promote legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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