Sunday, 17 July 2022

Statutory interpretation

 Statutory interpretation

The statues are formed by the legislature and these statues are interpreted by the court and lawyers. Courts through their judgment specify to remove the loophole and layers through their understanding help courts to conclude.

Statutory interpretation is the process by which courts interpret and apply legislation. In some cases, words of a statute have a plain and straightforward meaning whereas there are some words that have ambiguity.

To understand those words, judges, and lawyers use various mechanisms, rules, and tools they also take support the legislature's history and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.

Statutory interpretation is developed in different countries in different ways, for example, in Roman and civil law, a statute guides the magistrate, but there is no judicial precedent. In England, parliament has failed to enact a comprehensive code of legislation due to which courts develop the common law, and have decided a case and given reasons for the decision, the decision would become binding on the latter court.

Not just this, in England there are many cases and examples, the statute may be presumed to incorporate certain components as parliament is presumed to have intended their inclusion,  some of the examples are, offenses defined in the criminal statute are presumed to require men's rea, a statue does not apply to the crown, a statute is presumed not to empowered a person to commit a criminal offense.

There are various objectives of interpretation, the rules of the interpretation can be used when the statutes are not clear and more than one meaning can be derived from the same word or sentence. It is important to understand the intention of the legislature which is conveyed and expressed and implied in the language used .in the process of interpretation, several aids are used they can be statutory or nonstatutory ways.

Statutory aid is illustrated in the general clauses act and also section 2 of the Indian penal code any provision related to definition .on the other hand, nonstatutory aid is illustrated by common laws rules of interpretation certain presumptions relating to the interpretation, and also by case laws relating to the interpretation of statutes.

Nature and scope are also aspects of the statute, interpretation won't be needed when the language is clear, but in a case where the language is ambiguous, not clear, etc. This was seen in the case of R.S Nayak v. A.R Antulay, it was held that " if the words of the statute are clear and unambiguous, it is the plainest duty of the court to give effect to the natural meaning of the words used in the provision. The question of construction arises only in the event of an ambiguity or the plain meaning of the words used in the statute would be self-defeating.

In conclusion, interpretation is very important for applying the law and reducing the loopholes, as seen above article.

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