AIDS OF INTERPRETATION

Internal aids are the device that helps in the interpretation of statutes. They are present inside the statutes. Following are internal aids of interpretation:

1. 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
2. Long Title- Long title is a brief description of the purpose of act. It is mentioned in the head of the Statute. It generally starts with ‘An Act to’ .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.”

Case- Fisher vs Raven [(1963) 2 All E.R. 389]- In this case court while interpreting the word ‘obtained credit’ in section 13(1) of the debtor`s act, 1869 looks at the long title of act and refer the word obtained credit as credit for the payment of money.`

3. Preamble- The next part of statute is preamble and it contains the aim and object of the act. Preamble can be used for interpretation in case of uncertainty in 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.”

Case- M/s. Gujarat Ambuja Exports Limited and another vs State of uttarakhand and others (AIR 2016 SC 394)- In this case it was ruled by the supreme court that preamble cannot control the enacting part of the statute.

4. Marginal Notes- Marginal notes are the brief explanations of the section. They are inserted at the side of the sections in an act. They are also known as side notes. 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”.

Case- P. Aisha Potty vs Returning Officer, Kollam District, Panchayath- In this case it was held that marginal notes can be relied for interpretation only when there is ambiguity in the provisions of the act. In case of no ambiguity marginal notes cannot control the same.

5. Headings- Headings are basically the group of sections or of a single section. In acts there are some headings attached to all the sections. Headings are used as an internal aid when more than one conclusion are possible while interpreting a particular provision.
6. 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.

Case- Mahalakshmi Oil Mills vs State of Andhra Pradesh (AIR 1989 SC 335)- In this case the definition of tobacco was interpreted. As per section 4 of the Central excises and Salt act, 1944, “Tobacco means any form of tobacco whether cured or uncured and whether manufactured or not and includes the leaf stalks and stems of the tobacco plant”. Supreme court held this definition of tobacco to be exhaustive and refused to include tobacco seeds in it as they were not mentioned in inclusive part.

7. Provisos- A proviso is a clause or statement that introduces a condition in a statute. It does not have its own existence. It is inserted in the section when the enacting part of the section does not include the subject matter of the proviso. The general rule about proviso is that proviso is not to be taken absolutely in strict literal sense but is limited to the ambit of section in which it qualifies. 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”.

Case- Maulavi Hussein Haji Abraham Umari vs State of Gujarat (AIR 2004 SC 3946)- In this case it was held that a proviso is added to the enactment to qualify or create an exception to what is in the enactment and ordinarily a proviso is not interpreted as stating a general rule.

8. Illustration- An illustration is a part of statute present in the section which explains the provision of law through an example. Almost every act in India consists Illustration to explain with the help of example.

Case- Mahesh Chand Sharma vs Raj Kumari Sharma (AIR 1996 SC 869)- In this case it was held that illustration is a part of the section and it helps to elucidate the principle of the section.

9. Exceptions and Saving Clauses- Exception or saving clauses refers to the clauses which exempt some provisions from the application of section.

Case- Collector of Customs vs M/s Modi Rubber Limited (AIR 2000 SC 1844)- In this case it was held that whenever the provision is in the nature of exception, then it must be construed with regard to principal clause.

10. 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. It is inserted with the purpose of explaining the meaning of a particular provision.

Case- Bengal Immunity Company vs State of Bihar (AIR 1955 SC 661)- In this case it was held that an explanation is a part of section and both the section and explanation should be read together in order to interpret the section.1

11. 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.

Case- Jagdish Prasad vs State of Rajasthan (AIR 2011 SC 3189)- In this case it was held that schedule of an act has to be in conformity with the statute and is required to advance the object of the primary statutory provision. 

12. Punctuation- Statutes contain punctuations marks in itself. These punctuation marks are present to know the real intention of the statutes

Case- Ashwini Kumar vs Arabinda Bose (AIR 1953 SC 75)- In this case the Supreme Court ruled that punctuation cannot be viewed as a determining factor and cannot be permitted to alter a text’s obvious meaning.