Rules for Interpretation of

Statutes
Table of Contents
1. Primary Rule: Literal Construction
2. Mischief Rule
3. Rule of Harmonious Construction
4. Rule of Reasonable Construction (Ut Res Magis
Valet Quam Pareat)
5. Rule of Ejusdem Generis
6. Expressio unis est exclusion alterius
7. Contemporanea expositio est optima et
fortissima in lege
8. Noscitur a Sociis
9. Rule of Strict & Liberal Construction
10. Internal & External aids in interpretation
11. Presumptions in the interpretation of statutes

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1. Primary Rule: Literal Construction
FAQ 1. What is primary rule of literal
construction in the interpretation of a
statute?
 In construing statutes, the cardinal rule is to
construe its
provisions literally and grammatically giving
the words their ordinary and natural meaning.
This rule is also known as the plain meaning
rule.
 According to the primary rule, the words,
phrases and sentences of a statute are to be
understood in
their natural, ordinary or popular and gra
mmatical meaning, unless such a construction
leads to an absurdity or the statute suggests a
different meaning.
 The words ‘natural’, ‘ordinary’ and ‘popular’
are used interchangeably. They mean the
grammatical or literal meaning, except when
there are technical words.

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Some of the other basic principles of literal
construction are:
 Every word in the law should be given meaning
as no word is unnecessarily used.
 One should not presume any omissions and if a
word is not there in the Statute, it shall not be
given any meaning.
The first and most elementary rule of constructions
is that the words and phrases of technical
legislation are used in their technical meaning if
they have acquired one, and otherwise in their
ordinary meaning, and the second is that the
phrases and sentences are to be construed
according to the grammar rule.
If there is nothing to modify, alter or qualify the
language which the statute contains, it must be
construed in the ordinary and natural meaning of
the words and sentences. Nothing is to be added
to or taken from a statute unless there are
adequate grounds to justify the interference.
2. Mischief Rule
FAQ 2. What is the Mischief Rule in the
interpretation of statues?

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The mischief rule of statutory interpretation is the
oldest of the rules. The mischief rule is a rule of
statutory interpretation that attempts to determine
the legislator’s intention. Its main aim is to
determine the “mischief and defect” of the
statute.
The mischief rule was established in Heydon’s
Case in 1584. It was held that the mischief rule
should only be applied where there is ambiguity in
the statute. Under the mischief rule the Court’s
role is to suppress the mischief and advance the
remedy. The Courts while applying the principle
tries to find out the real intention behind the
enactment. This rule thus assists the court in
identifying the proper construction of statutory
wording according to the original intention of the
legislators.
As per this rule, for true interpretation of a statute,
four things have to be considered:
 What was the common law before the making
of the Act?
 What was the mischief and defect for which the
common law did not provide?

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  What remedy Parliament had resolved and
appointed to cure the disease of the
Commonwealth defect of common law?
 The true reason of the remedy.
The mischief rule directs that the Courts must
adopt that construction which “shall suppress the
mischief and advance the remedy”. But this does
not mean that a construction should be adopted
which ignores the plain natural meaning of the
words or disregard the context and the collection in
which they occur. [Umed Singh v. Raj Singh]
In Sodra Devi’s case, the Supreme Court has
expressed the view that the rule in Heydon’s case
is applicable only when the words in question are
ambiguous and are reasonably capable of more
than one meaning.
3. Rule of Harmonious Construction
FAQ 3. What is the rule of harmonious
construction/?
 When there is a conflict between two or more
provisions of the law, they should be followed
in such way that maximum benefit can be
obtained and no rule need to be violated in the
process of following other one.

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 It is a sound rule of interpretation that Courts
must try to avoid a conflict between the
provisions of Statute.
 A statute must be read as a whole and one
provision of the Act should be construed with
reference to other provisions in the same Act
so as to make a consistent enactment of the
whole statute.
 It is the duty of the Courts to avoid conflict
between two provisions, and whenever it is
possible to do so to construe provisions which
appear to conflict so that they harmonize.

 Where in an enactment, there are two

provisions which cannot be reconciled with
each other, they should be so interpreted that,
if possible, effect may be given to both. This is
what is known as the “rule of harmonious
construction”. Such a construction has the
merit of avoiding any inconsistency or
repugnancy either within a section or between
a section and other parts of the statute.

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FAQ 4. What is the importance of rule of
harmonious construction in the
interpretation of a statute?
In Raj Krushna Bose v. Binod Kanungo And Others,
it was held that, it is the duty of the Courts to avoid
a head on clash between two sections of the same
Act and, whenever it is possible to do so, to
construct provisions which appear to conflict so
that they harmonise.
4. Rule of Reasonable Construction (Ut Res
Magis Valet Quam Pareat)
FAQ 5. What is “ut res magis valeat quam
pereat” or the Rule of Reasonable
Construction?
 Ut res magis valeat quam pereat means that
the thing may rather have effect than be
destroyed.
 The “ut res magis valeat quam pereat” (Rule of
Reasonable Construction) implies that a statute
must be construed reasonably. A statute or any
enacting provision therein must be so
construed as to make it effective and
operative. The Court must try as far as

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 possible, to keep the statute within the
competence of legislature concerned.
 As per this rule, the Court will reject the
construction which will defeat the plain
intention of the legislature even though there
may be inexactitude in the language used.
 Preference should be given to such
construction which affords consistency and
certainty, facilitating smooth working of the
legal system.
 As far as possible all the words used in statute
must be given meaning as the legislature is not
expected to use unnecessary words.
Superfluous or insignificant words are not used
by the makers of statute.
5. Rule of Ejusdem Generis
FAQ 6. What is the Rule of ejusdem generis
that helps find out the true intention of the
legislature?
Ejusdem generis, means “of the same kind or
species”. The rule of ‘ejusdem generis’ one of the
primary rules for the interpretation of statutes. It is
of great help to the Courts, to find out the true

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intention of the legislature. The rule can be
explained as:
When general words follows specific words of a
distinct category, the general word may be given a
restricted meaning of the same category. The
general word takes its meaning from preceding
expressions.
Examples:
(1) If a law uses the words such as ‘oxen, bulls,
goat, cows, buffaloes, horses, etc.’, the word ‘etc.’
cannot include wild animal like lion and tiger. Also,
all the domestic animals will not be covered. The
illustration given relate to all four legged animals
and hence other domestic animals like dogs, cats
can be included but not cock or hen since cock or
hen has no similarity with the illustrations of other
domestic animals given.
(2) If a law refers to automobiles, trucks, tractors,
motorcycles and other motor-powered vehicles,
“vehicles” would not include airplanes, since the
list was of land-based transportation.
It is merely a rule of construction to aid the Courts
to find out the true intention of the Legislature
(Jage Ram v. State of Haryana)

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Rule is applicable subject to the following
conditions:
 Statute contains the enumeration by specific
words.
 Members of the enumeration constitute a class.
 Class is not exhausted by enumeration.
 General term follows enumeration.
 There is a distinct genus which comprises more
than one species, and
 There is no clearly manifested intention that
the general term be given a broader meaning
than the doctrine requires.
The rule is required to be applied with great
caution because it implies a departure from a
natural meaning of words, in order to give effect to
supposed intention of legislature.
6. Expressio unis est exclusion alterius
FAQ 7. What is ‘expressio unis est exclusion
alterius’ rule of interpretation?
The rule ‘expressio unis est exclusion
alterius’ means that, the express mention of one
thing is the exclusion of other.

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Where things are specifically included in list and
others have been excluded it means that all others
have been excluded. However, sometimes a list in
a statute is illustrative, not exclusionary. This is
usually indicated by a word such
as “includes” or “such as”. Thus a statute granting
certain rights to “police, fire, and sanitation
employees” would be interpreted to exclude other
public employees not enumerated from the
legislation. This is based on presumed legislative
intent and where for some reason this intent
cannot be reasonably inferred the Court is free to
draw a different conclusion.
The general meaning of “expression of one thing is
the exclusion of another” is also known as
the negative implication rule. This rule assumes
that the legislature intentionally specified one set
of criteria as opposed to the other. Therefore, if the
issue to be decided addresses an item not
specifically named in the statute, it must be
assumed the statute does not apply.
7. Contemporanea expositio est optima et
fortissima in lege
FAQ 8. What is the Rule of contemporanea
expositio est optima et fortissima in lege?

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The maxim means that a contemporaneous
exposition is the best and strongest in law.
The maxim contemporanea expositio as laid down
by Lord Coke was applied to construing ancient
statutes, but usually not applied to interpreting
statutes which are comparatively modern. Thus,
old statutes should be interpreted as they
would have been at the date when they were
passed.
Usages and practice developed under a statute is
indicative of the meaning ascribed to its words by
contemporary opinion and in case of an ancient
statute, such reference to usage and practice is
admissible.
8. Noscitur a Sociis
FAQ 9. What is Noscitur a Sociis?
The ‘Noscitur a Sociis’ i.e. “it is known by its
associates”. In other words, meaning of a word
should be known from
its accompanying or associating words.
A word in a statutory provision is to be read in
collocation with its companion words.
The rule states that where two or more words
which are susceptible of analogous meaning are
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coupled together, they are understood in their
cognate sense. They take colour from each other,
the meaning of more general being restricted
to less general. A word may be known by the
company it keeps. Associated words explain and
limit each other.
9. Rule of Strict & Liberal Construction
FAQ 10. What is a strict & liberal construction
of statutes?
Rule of strict & liberal construction of statutes
applied for interpretation of penal and taxing
statutes. As per the rule of strict & liberal
construction, a statute enacting an offence or
imposing a penalty should be strictly construed.
Construction of penal statute:
 While constructing a provision in penal statute
if there appears to be a reasonable doubt or
ambiguity, it shall be resolved in favour of
person who would be liable to penalty.
 If a penal provision can reasonably be so
interpreted as to avoid the punishment, it must
be so construed.

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  If there can be two reasonable construction of
a penal provision, the more lenient should be
given effect to.
 Unless the words of a statute clearly make an
act criminal, it shall not be construed as
criminal.
 Where certain procedural requirements have
been laid down by a statute to be completed,
the Court is duty bound to see that all these
requirements have been complied with
sentencing the accused. In case of any doubt,
the benefit has to go to the accused.
Construction of taxing statute:
 Statutes imposing taxes or monetary burdens
are to be strictly construed. The logic behind
this principle is that imposition of taxes is also
a kind of imposition of penalty which can be
imposed if the language of the statute so says.
 A person cannot be taxed unless the language
of the statute unambiguously imposes the
obligation to pay tax.
 If words in taxing enactment are capable of
two interpretations, the interpretation which

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 favour the person who sought to be taxed has
to be accepted.
 A taxing statute has no retrospective operation
unless the language unequivocally makes it so.
10. Internal & External aids in interpretation
FAQ 11. What are the internal aids in the
interpretation of statutes?
Internal aids mean those materials which are
available in the statute itself, though they may not
be part of enactment. These internal aids include,
long title, preamble, headings, marginal notes,
illustrations, punctuation, proviso, schedule,
transitory provisions, etc. Following are internal
aids in the interpretation of statutes:
(1) Short title: The short title is a nickname of
statute, such as Indian Evidence Act, 1872, Indian
Penal Code, 1860. It identifies an Act but does not
describe it. It only provides facility of reference.
The short title is merely for convenience.
(2) Long title: The long title of the Act may be
referred for ascertaining its general scope and
throwing light on its construction. It is a legitimate
aid. The long title of the Act is a part of it and
is admissible to construction.

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(3) Preamble: The main objective and purpose of
the Act are found in the Preamble of the statute. 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.
Example: The preamble of Indian Penal Code,
1860 reads: Whereas it is expedient to provide a
general Penal Code for India.
(4) Marginal Notes: Marginal notes are those
notes which are inserted at the side of the sections
in an Act and express the effect of the sections.
Example: Section 11 of the Indian Contract Act,
1872 reads as: Who are competent to contract?
Marginal notes appended to the articles of the
Constitution have been held to constitute part of
the constitution as passed by the Constituent
Assembly. Therefore, they have been used for
construing articles.
(5) Heading & title of a chapter: Headings may
be given to group of sections in an Act. These are
generally treated as preamble to the group of
sections. Headings prefixed to sections cannot
control the plain words of the provisions. Only in
the case of ambiguity or doubt, heading or sub-

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heading may be referred to as an aid in construing
provision.
Example: The heading before Sections 172 to 190
of the Indian Penal Code, 1860 reads: “Of the
contempts of lawful authority of public servants”
Chapter titles or headings may be referred to as
construction of doubtful expressions, but cannot be
used to restrict the plain terms of an enactment.
(6) Definitions/Interpretation clauses: Statutes
contain definitions of certain words and
expressions used in an Act. Definition gives the
interpretation of certain words or expressions, they
may include or exclude something, may be of
restrictive extensive, ordinary or special kind.
When a word or expression has been defined prima
facie, such definition governs that word in the body
of an Act everywhere, unless specially excluded.
The object of definitions is to avoid of frequent
repetitions in describing the subject matter, to
which the word or expression so defined is
intended to apply. A definition is not to be read in
isolation, it must be read in context of its use.
Where definition itself is ambiguous, it has to be
interpreted in the light of other provisions of the
Act.

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(7) Proviso: A clause which is an exception to the
main provision is known as proviso. Thus, proviso is
made when a special case is removed from the
general clause and a separate provision is made
for it.
The normal function of a proviso is to except
something out of the enactment or to qualify
something stated in the enactment which would be
within its purview if the proviso were not there.
(8) Illustrations or explanations: An illustration
is appended to a section with the purpose of
illustrating the provision of law explained therein.
Example: 16 illustrations [(a) to (p)] have been
appended to Section 378 of Indian Penal Code,
1860 which illustrate various aspects of the offence
of theft.
Illustrations appended to sections are part of the
statute and they help to furnish some indication of
the presumable intention of the legislature.
(9) Exceptions & saving clauses: The purpose
of adding an exception to an enactment is
exempting something which would otherwise fall
within the ambit of main provision.

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Example: Five exceptions have been provided
under Section 300 of the Indian Penal Code, 1860
which deals with those exceptional circumstances
when culpable homicide is not murder.
Similarly, a saving clause is generally appended in
cases of repeal and re-enactment of statute. It is
normally appended in the repealing statute and its
object is that the right already created under the
repealed enactment is not disturbed.
(10) Schedules: The schedules are attached to
statute to deal with as to how claims or rights
under it are to be asserted or as to how powers
conferred under it are to be exercised.
Example: The Companies Act, 2013 contains 7
Schedules.
Schedules attached to a statute, forms part of it
and must be read together with it for all purposes
of construction. But expressions in the schedule
cannot control or prevail against the express
enactment.
(11) Punctuations: Commas, semi-colons, full
stops etc. are also important in interpretation of
statute.

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(12) Non Obstante Clause: Non obstante clause
usually starts with the word ‘Notwithstanding
anything contained in…….’. Non obstante clause is
employed to give overriding effect to certain
provisions over some contrary provisions that may
be found in the same enactment or some other
enactments, which is to say to avoid the operations
and effect of all contrary provisions.
FAQ 12. What are the external aids to
interpretation of statute?
To find the true intention of the legislature, there
exist many rules, principles and aids in
interpretation of statutes. Apart from the intrinsic
aids, such as preamble and purview of the act, the
Court, can consider resources outside the Act,
called the extrinsic or external aids. Where the
words of an Act are clear and unambiguous, no
recourse to extrinsic matter, even if it consists of
the sources of the codification, is permissible.
Following are external aids used in interpretation of
Statute:
(1) Dictionaries: When a word or expression is
not defined in the Act itself, it is permissible to
refer to dictionaries to find out the general sense in
which that word is understood in common
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parlance. But courts must be careful because it is
not necessary that dictionary meanings of a word
may be the true meaning in a particular context.
(2) Historical background: The Courts take
recourse of such historical facts and surrounding
circumstances which existed at the time of passing
of the Statutes and as may be necessary to
understand the subject matter of the statutes. Like
any other external aid, the inferences from
historical facts and surrounding circumstances,
must give way to the clear language employed in
the enactment itself.
(3) Parliamentary history: The Supreme Court,
enunciated the rule of exclusion of parliamentary
history as in English Courts, but the court used this
aid in resolving questions of construction in many
occasions. The court has now changed the view
that legislative history within circumspect limits
may be consulted by courts in resolving
ambiguities.
(4) Reference to other statutes: A statute must
be read as a whole, as words are to be understood
in their context. Extension of this rule or context,
permits reference to other statutes in pari
materia, i.e. statutes dealing with the same subject

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matter or forming part of the same system.
Viscount Simonds conceived it to be a right and
duty to construe every word of a statute in their
context and he used the words in their widest
sense including “other statutes in pari materia”.
The phrase ‘pari materia’ is used in connection
with two laws relating to the same subject matter
that must be analyzed with each other.
(5) Reference to reports of committees: The
report of a committee on whose report an
enactment is based, can be looked into
“so as to see the background against which the
legislation was enacted, the fact cannot be ignored
that the Parliament may, and often does, decide to
do something different to cure the mischief”.
So we should not be unduly influenced by the
report. When the parliament has enacted a statute
as recommended by the report of a committee and
there is ambiguity or uncertainty in any provision
of the statute, the court may have regard to the
report for ascertaining the intention behind the
provision.
(6) Use of foreign decisions: Use of foreign
decisions of countries following the same system of

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jurisprudence as of India and rendered on statutes
in pari material, has been permitted by practice in
Indian Courts. The assistance of such decisions is
subject to the qualification that prime importance
is always to be given to the language of the
relevant Indian Statute, the circumstances and the
setting in which it is enacted and the Indian
conditions where it is to be applied.
(7) Statement of objects and reasons: The
statement of objects and reasons as well as the
“Notes on clauses of the Bill” can be made use of
in the interpretation of statutes, if the same have
been adopted by the Parliament without any
changes in enacting the bill.
FAQ 13. What is meant by a Proviso?
Proviso: A clause which is an exception to the
main provision is known as proviso. Thus, proviso is
made when a special case is removed from the
general clause and a separate provision is made
for it.
The normal function of a proviso is to except
something out of the enactment or to qualify
something stated in the enactment which would be
within its purview if the proviso were not there.

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FAQ 14. What is the role of ‘Preamble’ in
interpretation of statute?
The main objective and purpose of the Act are
found in the Preamble of the statute. 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.
Example: The preamble of Indian Penal Code,
1860 reads: Whereas it is expedient to provide a
general Penal Code for India.
Like the Long Tile, the Preamble of a statute is a
part of the enactment and can legitimately be used
for construing it. However, the Preamble does not
override the plain provision of the Act but if the
wording of the statute gives rise to doubts as to its
proper construction, e.g. where the words or
phrase has more than one meaning and a doubt
arises as to which of the two meanings are
intended in the Act, the Preamble can and ought to
be referred to in order to arrive at the proper
construction.
In short, the Preamble to an Act discloses the
primary intention of the legislature but can only be
brought in as an aid to construction if the language

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of the statute is not clear. However, it cannot
override the provisions of the enactment.
FAQ 15. What is Parliamentary history in the
interpretation of statutes?
The Supreme Court, enunciated the rule of
exclusion of Parliamentary history in the way it is
enunciated by English Courts, but on many
occasions, the Court used this aid in resolving
questions of construction. The Court has now
veered to the view that legislative history within
circumspect limits may be consulted by Courts in
resolving ambiguities.
It has already been noticed that the Court is
entitled to take into account “such external or
historical facts as may be necessary to understand
the subject-matter of the statute”, or to have
regard to “the surrounding circumstances” which
existed at the time of passing of the statute. Like
any other external aid, the inferences from
historical facts and surrounding circumstances
must give way to the clear language employed in
the enactment itself.
11. Presumptions in the interpretation of
statutes

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FAQ 16. What are the presumptions in the
interpretation of statutes when the intention
of the legislature is not clear?
Where the meaning of the statute is clear, there is
no need for presumptions. But if the intention of
the legislature is not clear, there are number of
presumptions. These are as follows:
 Words in a statute are used precisely and not
loosely.
 Vested rights i.e. rights which a person
possessed at the time the statute was passed,
are not taken away without express words, or
necessary implication or without
compensation.
 “Mens rea” i.e. guilty mind is required for a
criminal act. There is a very strong
presumption that a statute creating a criminal
offence does not intend to attach liability
without a guilty intent. The general rule
applicable to criminal cases is “actus non facit
reum nisi mens sit rea” (The act itself does not
constitute guilt unless done with a guilty
intent).

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 State is not affected by a statute unless it is
expressly mentioned as being so affected.
 A statute is not intended to be consistent with
the principles of International Law. Although
the judges cannot declare a statute void as
being repugnant to International Law, yet if two
possible alternatives present themselves, the
judges will choose that which is not at variance
with it.
 Legislature knows the state of the law.
 Legislature does not make any alteration in the
existing law unless by express enactment.
 Legislature knows the practice of the executive
and the judiciary.
 Legislature confers powers necessary to carry
out duties imposed by it.
 Legislature does not make mistake.
 Law compels no man to do that which is futile
or fruitless.
 Doctrine of natural justice is really a doctrine
for the interpretation of statutes, under which
the Court will presume that the legislature

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while granting a drastic power must intend that
it should be fairly exercised.

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