BONAM PARTEM.

A PROJECT SUBMITTED TO:

ARMY INSTITUTE OF LAW, MOHALI.

BY

ABHIDHA GUPTA (1868)

UNDER THE GUIDANCE OF DR. K.P. SINGH

INTERPRETATION OF STATUTES

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

THE AWARD OF DEGREE OF B.A. LL.B.

PUNJABI UNIVERSITY, PATIALA, PUNJAB.

SUBMISSION YEAR: JANUARY- MAY 2023.

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 DECLARATION

It is certified that the project work presented in this report entitled “BONAM PARTEM”
embodies the results of original research work carried out by me. All the ideas and references
have been duly acknowledged.

Date of Submission: 4th April 2023 Name- Abhidha

Roll No.: 1868

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 ACKNOWLEDGEMENTS

I would like to thank my teacher Dr. K.P. Singh for giving me this opportunity of making this
project. I would also like to thank my college Army Institute of Law, Mohali for providing
me with the resources to carry out the research and make this project. I would like to extend
my grateful attitude towards my parents, friends and family for their continuous support. Last
but not the least I thank the Almighty for all his blessings.

Name: Abhidha Gupta

Roll No.: 1868

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 INDEX

S. TOPIC PAGE NO.

2 BACKGROUND OF BONAM PARTEM 6

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 INTRODUCTION
Today, the "Bonam Partem" law offers a chance to investigate novel solutions. The rule also
keeps pace and offers a variety of new interpretations to frequently cited dicta and frequently
used statute provisions, as though in compliance and conformity to the broadening of societal
mindsets. The concept of "Bonam Partem" is inextricably linked to the concept of "Mitiori
Sensu," which directly translates to a "Milder Sense" interpretation of words. As a result, the
phrase "Bonam Partem" is known to refer to word meaning in its least aggravated form. The
premises of "Malam Partem" and "Malo Sensu," which are known to imply the acceptance of
words in their most aggravated comprehension, are diametrically opposed to this. When
words are claimed in slander cases, the rule used to be that they must be interpreted in the
least damaging and defamatory way possible.
The phrase "Bonam Partem" refers to the meaning of words in their least agitated form. The
tenets of "Malam Partem" and "Malo Sensu," which are known to imply the acceptance of
words in their most aggravated comprehension, are diametrically opposed to this. It used to
be the case in slander cases that if there are two possible interpretations of the words used, the
less harmful and slanderous interpretation must be used. This principle's fundamental tenet is
the acceptance of ambiguity as a basis for the assumption of innocence. In addition, it is
consistent with the judiciary's historical reluctance to characterise a remark as defamatory or
disparaging when it can have a believable innocent intention. The proverb "Interpretationem
in Bonam partem faciendum esse," which states that things must be interpreted in their
better meaning, is put into practise by this. The literal translation of "Bonam Partem"
according to its etymology is "the good side or part," but that would only limit the meaning of
a phrase that has cosmopolitan applications in today's world. As a result, there is clearly a
pattern of how this concept is applied in cases of libel and the interpretation of laws.
The phrase "Bonam Partem" denotes that terms used in the statute are to be interpreted in
accordance with their moral and lawful significance. "Lawful sense" refers to what is right
and accepted by the law.
For instance, the constitution's Article 19(1) guarantees the freedom to pursue any profession.
The implication is that the occupation is legal and not illegal.

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 BACKGROUND OF BONAM PARTEM
The Bonam partem hermeneutic norm guided English defamation law from the middle of the
sixteenth to the middle of the seventieth century. According to the rule, the meaning of a
remark should be determined by whether it can be understood in an innocent or a defamatory
way.
Furthermore, the more favourable interpretation must prevail when words are vague or
ambiguous, according to Coke. The court would dismiss the charge by interpreting "poxy" in
Bonam partem as a reference to Smallpox, which was not an actionable insult, if someone
was charged with defamation for having called someone a "poxy knave" because doing so
could be construed as accusing someone of having the French pox (Syphilis), which is
actionable.
This rule, which appears to have been established in the fourteenth century, was adopted as a
general guideline in both English and continental defamation law. However, the rule of
Bonam partem might permit what might appear to be a completely distinct approach known
as creative hyper literalism. The defendant typically found it adequate to refute a defamation
claim by demonstrating that their words, even if strictly construed, would have an innocent
meaning, regardless of what the context suggested the speaker's intention have been. The
most infamous (and frequently cited) instance is when someone named Astgrigg claimed that
"Sir Thomas Holt struck his cook's head with a cleaver and cleaved it in half." Holt filed a
lawsuit in King's Bench, but the jurors found in favour of the defendant on the grounds that
Astgrigg had not stated that the cook had passed away and that the words were therefore not
actionable since Holt had not been charged with the cook's murder.

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 DEVELOPMENT OF BONAM PARTEM IN INDIA
With the provisions of the Income Tax Act of 1961 being filled out as an exception, in India,
the interpretation of words in Bonam partem is to imply that the words of a statute are to be
interpreted in their rightful and legal sense. The law of Bonam partem is clearly inapplicable
in this context because it is necessary for illegal profits to fall under the purview of the
Income Tax Act, of 1961, in order to prevent profiteers from evading liability. R. v. Hulme1,
a Queen's Bench judgment from the 19th century, dealt with the interpretation of the Bonam
Partem language. In this case, the law stated that "the Commissioners appointed to investigate
corrupt election practises should issue him with a certificate which would entice him to
certain immunities" if any witness "shall answer every question relating to the matters
aforesaid."
The case revolved around the definition of the phrase "shall answer every query"; Blackburn
J. questioned, "Does that mean, "Can it be intended that if the witness gives an answer which
is transparently false, he should get the immunity if he shall give an answer in fact, though it
may be false to his knowledge; though it may be a matter of ridicule, and turning the entire
commission and inquiry into contempt?" It was decided that this wasn't the intention. Every
time the legislature in this Act requires a person to respond to a query, it means that he must
do so honestly and to the best of his knowledge and belief; only then will he be eligible for
the statutory certificate.

1
(1870) L R 5QB 377

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APPLICATION OF BONAM PARTEM IN THE INTERPRETATION OF STATUTES
Law of interpretation relies on the ability to distinguish between words spoken in Bonam
Partem and Malam Partem, truth and deceit, and words spoken with malice and goodwill.
However, it is completely unable to produce the norms for making these distinctions. The
application of jurisprudential norms, the general or specific social setting, accompanying cues
like laughter or gestures, and interpretation of words are all factors (like the prior
presumption of innocence or guilt). The job of every judge is to interpret the law in a way
that prevents sneaky inventions and evasions intended to keep trouble going while also
adding cure and remedy in accordance with the true purpose of the Act's authors.
According to Bennion's "Statutory Interpretation," Bonam Partem construction is connected
to three distinct legal principles:
1. The first rule is that no one should ever profit from their own wrongdoing.
2. The second principle prevents him from succeeding if he has to prove an illegal act in
order to claim the statutory benefit.
3. The third principle is that whenever a grant is made in general terms, there is always
an implicit provision that it shall not include anything that is unlawful or immoral. 
It is said, and in some ways, it is true, that words must be understood in a legal and moral
context. When a law, for example, grants a fine imposed on a property certain effectiveness,
it only refers to a fine that was duly imposed. Therefore, a person who refused to pay a rate
that was illegal even though it was still valid because it hadn't been overturned or appealed
would not be excluded from an Act that mandates the payment of rates as a prerequisite to
exercising a franchise. Similarly to this, a tenant's promise to pay all legislative taxes is
interpreted to cover those he is legally able to pay, but exclude the landlord's property tax,
which he is not legally obligated to do.

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 CRIMINAL LAW AND BONAM PARTEM
The application of criminal law involves some degree of interpretation, just like any other
rule. The myth that the judge is the "silent mouth" that speaks the words of the law has long
since been disproved. There is a peculiarity in the way criminal law is interpreted that comes
from the idea of legitimacy. Analogical reading is prohibited if it favours the defendant or
Malam Partem. However, Bonam partem's meaning is upheld. This rule is not based on the
Pro Reo principle, whose applicability only pertains to the assessment of proof. In a strict
sense, its foundations lie in the 'Pro Libertate' or 'Favour Libertatis' principles, which have an
impact on the complete legal system as a whole that is subject to the rule of law. 
Although in a limited manner, a proper interpretation of the Bonam Partem legal principle
provides a useful analogy in criminal law. All standards must be followed, even if the state or
judge restricts or prohibits the use of analogy. In light of these axiomatic inconsistencies,
which the Parliament was unaware of and did not intend, a significant portion of analogy
must be viewed as an exceptional process in criminal law. The criminal justice system has an
argumentative structure thanks to the judge's exceptional ability to make laws. The Bonam
Partem principle can be used to establish extralegal justifications and mitigating conditions,
but it does not preclude the use of other types of institutions for punishment.

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 EXCEPTION TO THE RULE OF BONAM PARTEM
The theory of Bonam Partem implies that words must be understood in a legitimate and legal
way. The term "lawful" refers to anything that the law has approved or acknowledged.
Therefore, it must be determined that the seizure is legal and that the property pertains to the
debtor when it is done in order to carry out a court order or decree. Additionally, the deed
must be done lawfully and properly.
In Long v. Gray2, the Privy Council ruled that it is a violation of the ordinance oath for a
priest to not follow all of the bishop's instructions despite having taken a promise to do so.
Because no law can compel the execution of all such commands, he is not a criminal. He
must follow all directives, which the prelate is qualified to issue under the law.
Bonam-partum denotes the appropriate and lawful usage of the words. Here, the term
"statutory method" refers to legal, acceptable approaches. Only if a piece of property is
correctly and legally attached by an order or decree of any court is it subject to confiscation.
The rule mandating that words be construed in bonam partem has an exception. This alludes
to profits that are made in an illegal or unethical manner and are subject to income-tax
assessment. Since the legislature has no plan of limiting the definition of revenue to only
lawful earnings, all profits from trading, whether legal or illegal, fall under this definition.
The Income Tax Act, 1961 is an exception to this rule. Under the IT Act of 1961, the word
"Income" has been defined in an "Inclusive Manner" to include some items that would have
otherwise been outside of its purview. 
In Birla Group Holdings Ltd v. Assessee3, the Indian Income Tax Act of 1961's phrase "tax
payable on the basis of any returns" came into play. The tax due on the basis of all legal
returns and revenue, in the sense of revealing correct income, was deemed to have been
meant by construing the words in their least aggravated meaning, or Bonam partem. As a
result, income tax was ultimately excluded from the Bonam partem rule in place of money
laundering.
The goal of the IT Act, 1961 will be defeated if illegal profits are not liable to Income Tax
(IT), and profiteers will be free to avoid paying taxes by righting their own wrongs. 

2
(1863)
3
(2009)

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 CONCLUSION
It is incorrect to state that common language usage limits retribution to the domain of
punishment and penance in terms of criminal law. This evaluation may vary depending on the
time and location due to the ongoing changes in meaning that occur in language use. It is also
familiar with it in Bonam Partem. Furthermore, one can never argue that a concept shouldn't
be understood in a particular aspectual way by drawing on naive experience. For that matter,
naive experience does not expressly separate the aspects as is done in theoretical thought that
removes from cosmic time. Non-theoretical experience, on the other hand, is much more
deeply rooted in actual reality and can therefore only comprehend the modal aspects as they
are present in actual objects, events, and interpersonal relationships. This explains why the
language in everyday speech recognises the transition from the natural to the legal aspects of
reality. Retribution must be clearly distinguished from the typical controversy in a particular
area of law if it is to be understood as the core meaning of the legal element. In addition to
Malam Partem, Bonam Partem also practises retribution.
It is a legal measure of proportionality that can be applied to every conceivable legal
consequence, connected with any legal power, as far as its applicability in interpretation is
concerned. But why do we observe a pattern of interpreting statements in Bonam Partem,
starting with cases of libel to formal legislative statements? It is a dogmatic tenet that judges
favour reformative punishment over respect for human rights.
Giving humanity an opportunity and giving the world a chance to make amends are global
trends. Bonam Partem is a genuine concept that serves as an anchor when the legal system is
in a legal landslide; even so, the idea of Bonam Partem has a rationalism component to it. It is
frequently believed that someone who gains from a decision in support of a Bonam Partem
interpretation is equivalent to someone who receives the cake, eats it, and, given a chance,
marries the baker's daughter. But we can only see similarities between a business and the law
when metaphors like these are developed. Both have a shelf life and are anticipated to
function before experiencing an inevitable meltdown within that period. However, in times of
crisis, ideas like a company's "going concern" and the "Bonam Partem" interpretation provide
a safety raft and aid in improving the economy and the law, respectively.

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