Table of Contents
What are Statutes?
Statutes are formal, written laws enacted by a legislative authority such as Parliament. These legal rules are enforceable within a specific jurisdiction and apply to individuals, entities, and government bodies alike.
Once enacted, statutes are codified and published in official law books. Unlike case laws that evolve through court decisions, statutes are proactively framed through legislation. Courts use statutes as a primary source of law and interpret them when ambiguities arise.
Parts of a Statute
- Short Title- Short title is a name given to the statute for the purpose of its identification. It generally ends with the year of passing of the act. For example- Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023
- Long Title- Long title is a brief description of the purpose of act. It is mentioned in the head of the Statute. For example the long title of Bharatiya Sakshya Adhiniyam, 2023 is “An Act to consolidate and to provide for general rules and principles of evidence for fair trial.”
- Preamble- The next part of statute is preamble and it contains the object of the act. For example the preamble mentioned in the West Bengal Special Courts Act, 1950 is “Whereas it is expedient to provide for speeder trial of certain offences.”
- Marginal Notes- Marginal notes are the brief explanations of the section. They are inserted at the side of the sections in an act. For example the marginal note of section 357 of the Bharatiya Nyaya Sanhita, 2023 is “Breach of contract to attend on and supply wants of helpless persons”.
- Headings- Headings are basically the group of sections or of a single section. In acts there are some headings attached to all the sections. For example The heading before Section 337 to Section 366 of Bharatiya Nagarik Suraksha Sanhita is “General Provisions as to inquiries and trials”.
- Definition or Interpretation Clause- There are certain words in an act which is difficult to understand. These words are defined under definition or interpretation clause of an act. For example Section 2 of Bharatiya Nyaya Sanhita, 2023 is definition clause which defines many words such as counterfeit, harbour, omission, vessel, etc.
- Provisos- A proviso is a clause or statement that introduces a condition in a statute. It is inserted in the section when the enacting part of the section does not include the subject matter of the proviso. It contains the word “Provided that” in itself. For example The proviso of Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 contains “Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant”.
- Illustration- An illustration is a part of statute present in the section which explains the provision of law through an example.
- Exceptions and Saving Clauses- Exception or saving clauses refers to the clauses which exempt some provisions from the application of section.
- Explanation- It is the part of the statute which is inserted when legislature feels that a particular provision needs explaining to remove doubts about the sections.
- Schedule- It is the part of the statute which deals with how claims or rights are to be asserted or how powers conferred is to be exercised.
- Punctuation- Statutes contain punctuations marks in itself. These punctuation marks are present to know the real intention of the statutes.
Classification of Statutes
A. Based on Duration
- Temporary Statutes: Temporary Statute refers to the statute which are valid for a specific period. The validity of such statutes are fixed for a particular time and after the lapse of that time, they lose their validity. Example: Annual Finance Acts
- Permanent Statutes: Permanent Statutes refers to the statutes which have indefinite validity. They are intended to be made permanently but changes can be made in it. These statutes can also be repealed if the legislature intends to repeal it
B. Based on Method
- Mandatory (Imperative) Statutes: It refers to the statute which compels the performance of a certain thing. These statute must be strictly followed.
- Directory (Permissive) Statutes: Directory Statutes refers to the statute which provide guidance but are not compulsory. The performance is not compelled in the Directory Statute.
C. Based on Application
- Public Statutes: Public Statute refers to the statute which relates to a matter of public interest. These statutes are applicable to all.
- Private Statutes: These are the statutes which concern matter related to specific individuals and not to the matters related to public interest..
D. Based on Object
- Codifying Statute: A codified statute is a statute which codifies the principle and rules of law in a systematic and structured format. These are the statute which takes the existing principle and rules of law and does not create new laws. Example: Indian Penal Code
- Consolidating Statute: Consolidating statute refers to the statute which combines various related laws into one. It collects all the laws, amendments, minor enactments at one place and consolidates into a statute. Example: Bharatiya Sakshya Adhiniyam, 2023
- Declaratory Statute: It refers to the statute which clarifies uncertain or ambiguous laws.
- Remedial Statute: Remedial statute refers to the statute which corrects defects in existing law. The main purpose of making such a statute is to address problems or errors in the old law.
- Enabling Statute: Enabling statute refers to the statute which enables performance of something which is forbidden previously. It widens the scope of what`s allowed in the common law.
- Disabling Statute: Disabling statute refers to the statute which restricts previously allowed rights under common law.
- Penal Statute: Penal statue refers to the statute which prescribes punishment for wrongs. These statute are generally in the form of detailed code. Example: Bharatiya Nyaya Sanhita, 2023
- Taxing Statute: Taxing Statutes refers to the statutes which poses and governs taxation. Example: Income Tax Act, 1961
- Explanatory Statute: Explanatory statute refers to the statute which provides clarity to previous legislation.
- Amending Statute: Amending statute refers to the statute which makes changes or improvements in existing law.
- Repealing Statute: Repealing statute refers to the statute which formally revokes previous laws. Example: Consumer Protection Act, 2019 replaced the 1986 Act
- Curative Statute: Curative statute rfers to the statute which corrects flaws or omissions in prior legislation.
Conclusion
Statutes are the foundation of legal governance. Understanding their structure and classification helps in better legal interpretation and application. Whether codifying existing rules or enabling new rights, statutes reflect the evolving priorities and structure of a nation’s legal framework.
References:
- Interpretation of Statutes by Prof. T. Bhattacharya
- Interpretation of Statutes by B.M. Gandhi
