Title of the Statute

Long title – Every Statute is headed by a long title and it gives the description about the object of an Act. For e.g. the long title of the Code of Civil Procedure, 1908, is – “An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature”.

In recent times, long title has been used by the courts to interpret certain provision of the statutes. However, it is useful only to the extent of removing the ambiguity and confusions and is not a conclusive aid to interpret the provision of the statute.

Cases

1. In Re Kerala Education bill[2], the Supreme Court held that the policy and purpose may be deduced from the long title and the preamble.

2. In Manohar Lal v. State of Punjab[3], Long title of the Act is relied as a guide to decide the scope of the Act.

Although the title is a part of the Act, it is in itself not an enacting provision and though useful in case of ambiguity of the enacting provisions, is ineffective to control their clear meaning.

Short Title – The short title of an Act is for the purpose of reference & for its identification. It ends with the year of passing of the Act. For e.g. Section 1 of the Code of Civil Procedure, 1908, says –“This Act may be cited as the Code of Civil Procedure, 1908. It shall come into force on the first day of January, 1909.”

Even though short title is the part of the statute, it does not have any role in the interpretation of the provisions of an Act.

Preamble

The main objective and purpose of the Act are found in the Preamble of the Statute. It is a preparatory statement and contains the recitals showing the reason for enactment of the Act. For e.g. the Preamble of the Indian Penal Code, 1860, is “Whereas it is expedient to provide a general Penal Code for India; it is enacted as follows”.

The preamble is an intrinsic aid in the interpretation of an ambiguous act.

Cases

In Kashi Prasad v. State[4], the court held that even though the preamble cannot be used to defeat the enacting clauses of a statute, it can be treated as a key for the interpretation of the statute.

Headings and Title of a Chapter

Headings give the key to the interpretation and may be treated as preambles to the provisions following them.

Cases

1. In Krishnaiah v. State of A.P. and Ors[5] it was held that headings prefixed to sections cannot control the plain words of the provisions. Only in the case of ambiguity or doubt, heading or sub-heading may be referred to as an aid in construing provision.

2. In Durga Thathera v. Narain Thathera and Anr[6] the court held that the headings are like a preamble which helps as a key to the mind of the legislature but do not control the substantive section of the enactment.

Marginal Notes

Marginal notes are inserted at the side of the sections in an Act and express the effect of the sections stated.

Cases

However, in Wilkes v. Goodwin[7] Banks, LJ, held that the side notes are not part of the Act and hence marginal notes cannot be referred.

Definitional Sections/ Clauses

The object of a definition is to avoid the necessity of frequent repetitions in describing the subject matter to which the word or expression defined is intended to apply.

A definition contained in the definition clause of a particular statute, not from any other statute, should be used for the purpose of that Act.

Illustrations

Illustrations are examples provided by the legislature for better understanding of the statute.

Cases

In Mahesh Chandra Sharma v. Raj Kumari Sharma[8], it was held that illustrations are parts of the Section and help to elucidate the principles of the section.

Proviso

A proviso is to provide examples of a specific case which would otherwise fall within the general language of the main enactment. It excludes, excepts and restricts the application of a section and its effect is confined to that case.

Cases

In CIT vs. Ajax Products Ltd.[9], it was held that whether a proviso is construed as restricting the main provision or as a substantive clause, it cannot be divorced from the provision to which it stands as a proviso. It must be construed harmoniously with the main enactment.

Explanations

An Explanation is added to a section to elaborate upon and explain the meaning of the words appearing in the section. The purpose is not to limit the scope of the main section but to explain, clarify, subtract or include something by elaboration.

Schedules

Schedules at the end contain minute details for working out the provisions of the express enactment. The expression in the schedule however cannot override the provisions of the express enactment.

Punctuation

Punctuation is a minor element and weight be given to it only when a statute is carefully punctuated and there is no doubt about its meaning.