1. Short Title (संक्षिप्त नाव) :-

* Nickname given to the statute for reference.
* Examples : The General Clauses Act, 1897 ( 10 of 1897 )
The Indian Penal Code, 1860 ( 45 of 1860 )

* Many times given in section 1 with the usage of language “This Act may be called….” . e.g. section 1 of The General Clauses Act 1897, states “This Act may be called as The General Clauses Act, 1897”.

* The short title serves as a label.

* It’s object is identification and not description.

* It’s main object is to facilitate citation of Act in future enactments & other instruments.

* Section 28 of the General Clauses Act enacts that an Act or regulation may be cited by reference to the tile or short title.

* The short title is not a useful aid to construction. Neither can it extend nor can it delimit the clear meaning of a provision.

* The Indian Short Titles Act, 1897, also provides for the mode of citation of certain Acts.

2. Long Title (दीर्घ शीर्षक) :-

* Long Title is a introductory statement set out at the very beginning of the statute, before section 1.

* The object or purpose of long title is to give a general description about the object of the Act. Normally it starts with the words “ An Act to ….”. For example the long title of The Indian Succession Act, 1925 reads as “An Act to consolidate the law applicable to intestate and testamentary succession.”

The long title of The Code Of Criminal Procedure, 1973 reads as “An Act to consolidate and amend the law relating to Criminal Procedure.”

* In olden days the long title was not considered a part of the statute and was therefore, not considered as an aid while interpreting it. But now, in recent times there has been a change in thinking of courts and help has been taken from long title to interpret.

* If the words in a stature are unambigious, no help is derived.

* Long title is not a conclusive aid (निर्णायक) to interpret. Help Can be taken only to the extent of removing confusions.

Ashwin Kumar Ghosh v. Arbinda Bose.

It is now settled law that, the title of a statute is an important part of the Act and may be referred to for the purpose of ascertaining its general scope and throwing light on its construction, although it cannot override the meaning of the enactment.

Kedar Nath v. State of West Bengal : Section 4 of the West Bengal Criminal Law Amendment Act, 1949 was involved. Under this section, the State Government was empowered to choose as to which particular case should go for reference to the Special Court to be tried under a special procedure. This was challenged as violative of Article 14 of the Constitution. The Supreme court rejected the contention and held that, the long title of the Act which said, “An Act to provide for the more speedy trial and more effective punishment of certain offences” was clear enough to give the State Government a discretion as to which offences deserved to be tried by the special courts under a special procedure.
In sum, the long title gives a general description of the object of the Act and is an admissible aid to construction.

Long title, alongwith preamble serves as a legitimate aid or good guide regarding object, scope and purpose of the Act.

3. Preamble (उद्देशिका) :-

• Preamble serves as a preface (introduction) to the Act.
• Preamble usually mentions the general object and intention of the of the legislature in passing the enactment.
• Examples, the preamble of the Constitution. The preamble of the IPC reads as “Whereas (ज्याअर्थी) it is expedient (योग्य) to provide a general Penal Code for India, it is enacted as follows :-“
• The proper function of preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood.
• Preamble is said to be necessary but not an essential part because there are Acts which do not have preamble. The normal trend generally is not to have a preamble in Act. As a consequence, the importance of preamble is declining.
• Preamble contains main object of the Act and is therefore a part of the statute because of which, the courts can consider preamble as an internal aid to interpretation.
• If the language of an enactment is clear and unambigious, the preamble has no right to play in interpretation.

Kesavanand Bharti v. State of Kerala

If the language in an ordinary statute is not plain and clear, then the preamble may have effect either to extend or restrict the language used in the body of the enactment.

Rashtriya Mill Mazdoor Sangh v. NTC (South Maharashtra Ltd.)

The SC held that, when the language of an Act is clear, preamble cannot be invoked to curtail (कमी करणे) or restrict the scope of an enactment.

Kedar Nath v. State of West Bengal : The SC observed that the preamble of the Act which stated,
“Whereas it is expedient in the public interest to provide for the speedy trial of the offences specified in the Schedule; it is hereby enacted as follows :”, clearly points out that certain offences were to be tried speedily under a special procedure by the special courts and that the government had a right to choose which cases were to be so tried.

Motipur Zamindary Company Pvt. Ltd. v. State of Bihar : The SC disregarded the preamble while interpreting the word ‘dealer’ in the Bihar Annual Finance Act, 1950. Since the preamble cannot have precedence (श्रेष्ठत्व) over the clear language of the section, it has to be rejected.

4. Commencement Clause (प्रारंभ खंड) :-

• Every Act contains a commencement clause. It gives the date from when the particular Act begins to function.
• Either date of commencement is given and if not it is left to the government to declare the date of operation of the statute by making a notification in the official gazette.
• Example : The Code of Criminal Procedure, 1973, section 1(3) states “ It shall come into force on the first day of April 1974. … The Arbitration and Conciliation Act, 1996, section 1(3) says “ It shall come into force on such date as the Central Government may by notification in official gazette appoint.
• As per the Section 3(13) of The General Clauses Act, states. “commencement” used with reference to an Act or regulation, shall mean the day on which the Act or regulation comes into force.
• It comes into force immediately after the zero hour on that particular date on which it is expressed to come into force.
• Section 5(1) of The General Clauses Act, states that,

“Where any Central Act is not expressed to come into operation on particular day, then it shall come into operation on the day on which it receives the assent.”

Please state : the Short title, Long title, Preamble and date of commencement from the following :

THE INDIAN SUCCESSION ACT, 1925 (ACT No. 39 OF 1925) [30th September, 1925.]

An Act to consolidate the law applicable to intestate and testamentary succession.

WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession, It is hereby enacted as follows:–

PART I

PRELIMINARY
THE IDENTIFICATION OF PRISONERS ACT, 1920 [Act, No. 33 of 1920] [9th September, 1920]

An Act to authorize the taking of measurements and photographs of convicts and others.

WHEREAS it is expedient to authorize the taking of measurements and photographs of convicts and others; it is hereby enacted as follows:-

5. Definition or Interpretation Clause (व्याख्या किंवा निर्वाचन खंड)

• An interpretation or definition clause defines certain words and expressions used elsewhere in the body of the statute.
• The object of such definitions is to avoid repetitions.
• The function of a definition clause is to give precision i.e., exactness and certainty to a word or phrase, it must always be read in its context.
• Definition clause is like a small or mini dictionary of that particular Act.
• A definition clause generally begins with a qualifying phrase which may be variously expressed as “unless (except when) there is anything repugnant in the subject or context” or “unless the context otherwise requires”. etc.
• The definition clause of The General Clauses Act, 1897 begins as, “In this Act, and in all Central Acts and regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context-“
• The definition should not be read in isolation but in the context of the phrase which it defines. When the word has been defined in the interpretation in the interpretation clause, prima facie that definition governs whenever that word is used… but where context makes it inapplicable, a defined word used in the body of statute may have to be given a meaning different from that contained in the interpretation clause.
• There are two exception to this rule.

i) If the court feels that in the context of a particular provision, the definition clause if applied, will result in absurdity (ridiculousness / a logical contradiction) (विसंगती किंवा विचित्रपणा), the court will not apply the definition clause for interpretation of that provision.

ii) The definition clause of one Act cannot be used to explain the same word used in another statute. But if both the statutes are in pari materia, then it can be.

Some definitions of The General Clauses Act :

Section 1 (15) “Constitution” shall mean the Constitution of India;

Section 1(3) “affidavit” shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;

Section 1 (22) a thing shall be deemed to be done in “good faith” where it is in fact done honestly, whether it is done negligently or not;

Section 1 (7) “Central Act” shall mean an Act of Parliament, and shall include–
(a) an Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and
(b) an Act made before such commencement by the Governor-General in Council or the Governor-General, acting in a legislative capacity;

IPC section 29 : ‘Document’.—“The word “document” denotes any matter expressed or described upon any substance…..”

Two types of definitions :

1. Extensive definitions : Broad in scope or content
2. Exhaustive definitions : Complete, Restrictive, Limiting.

Indra Sarma v. K.V. Sarma , : When the definition of a word begins with ‘means’, it is indicative of the fact the meaning of the word has been restricted i.e., it would not mean anything else but what has been indicated in the definition itself.

Tata Consultancy Services v. State of AP : The word ‘include’ when used, enlarges the meaning of the expression defined. It means it broadens its scope.

M/s Hamdard(Wakf) Laboratories v. Deputy Labour Commissioner, The Supreme Court observed that when the word ‘includes’ is used, it is prima facie, extensive. When it uses the word ‘means and includes’ it will be an exhaustive.

Ramanlal Bhailal Patel v. State of Gujrat : The SC observed that the word ‘include’ enlarges the meaning of the word or expression. The word ‘denotes’ shows that, the expressions denoted therein are covered within the ambit of that particular word. The expression ‘deemed to be’ creates a fiction.

Union of India v. R.C. Jain : A definition of an expression in one particular Act cannot be imported into another Act if the latter does not define that expression.

Avtar Singh v. State :- The use of the phrase ‘that is to say’, in the definition clause is illustrative of the meaning .

State of Bombay v. Hospital Mazdoor Sabha :- The JJ group of hospitals was held by the SC an industry within the meaning of the Industrial Dispute Act, 1947. The court observed that, section 2(j) of the Act is an inclusive definition and therefore liable to be interpreted in an extended way and not in a restrictive way.
( The definition is : “industry” means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen;”

6. Marginal Notes (समास टीपा) :-

• Marginal notes are those notes which are inserted at the side of the sections in an Act and express their effect.
• They are also known as side notes.
• Examples : The Indian Contract Act, 1872, section 11 reads as “Who are competent to contract.”

The Constitution of India, Article 23 “ Prohibition of traffic in human beings and forced labour.”

• Olden times help used to be taken when clear meaning was in doubt. But the modern view of the courts is that, the marginal notes should have no role in interpretation.
• The basis of this view is that, they are not inserted by the legislators nor are they printed in the margin under the instructions or authority of the legislature.

These notes are inserted by the drafters and many times that may be inaccurate also.

• However, there may be exceptional circumstances where marginal notes are inserted by the legislatures and therefore, while interpreting such an enactment, help can be taken from such marginal notes.
• Example, ‘The Constitution of India’ where marginal notes were inserted by the constituent assembly. Therefore, while interpreting constitution, it is always permissible to seek guidance and help from the marginal notes.

In Bengal Immunity Company v. State of Bihar, The SC held that marginal notes appended to Article 286 which provides for ‘Restrictions as to imposition of tax on the sale or purchase of goods’ is part of the Constitution and it prima facie furnishes some clue as to the meaning and purpose of the Article.

In Oriental Insurance Co Ltd v. Hansrajbhai. It is held that language of the marginal note or section heading prima facie furnishes clues as to the meaning and purpose of the section. It cannot be used to control the operation of the section, but in case of ambiguity or doubt it can be referred to ass an aid in interpreting section.

7. Headings (शीर्षक) :-

• Two types : i) Those prefixed to section ii) Those prefixed to a group or set of sections. ( & these serves as a preamble to those sections.).
  
• Examples : IPC sections 121 to 130, heading given is “Of offences relating to elections.”

The Indian Contract Act, section 31 to 36, heading given is “Of Contingent Contracts.”

• The headings have been treated by courts as preamble to those sections or set of sections Naturally the rules applicable to the preamble are also followed for headings.
• Ambiguity in the meaning of a provision can be removed with the aid of the heading.

Bhinka v. Charan Singh : Justice Subba Rao quoted “ The heading prefixed to sections or set of sections in some modern statute are regarded as preamble to those sections. They cannot control the plain words of the statute but they may explain ambiguous words.

Prick India Ltd. v. Union of India : Only in the case of ambiguity or doubt the heading may be referred to as aid in construing the provision but even in such a case it could not be used for cutting down the wide application of the clear words in the provision.

Example of Heading & Marginal Note :

THE INDIAN CONTRACT ACT, 1872

CHAPTER IV : OF THE PERFORMANCE OF CONTRACTS

Contracts which must be performed

37. Obligation of parties to contracts.

38. Effect of refusal to accept offer of performance.

39. Effect of refusal of party to perform promise wholly

8. Sections & Sub-Sections (कलमआणि उप कलम) :-

• Sections form the main body of a statute. They embody the principal or enacting provisions.
• The true meaning and effect of section depends upon its language, context, and setting.
• A section may contain one or more sub-sections.
• All sub-sections of a section must be read as a part of an integral (अविभाज्य), whole interdependent on each other.
• Like sections, there are also clauses like, definition clause, saving clause, etc.

In Gurmeet Singh v. Pratap Singh, Justice Subbarao said, “ It is an elementary rule that, construction of a section is to be made of all the parts together.

State of Bihar v. Hiralal Kejriwal, : To ascertain the meaning of a section, it is not permissible to omit any part of it. The whole section should be read as a whole and an attempt should be made to reconcile (सुसंगत करणे) both the parts.

Madanlal Fakirchand D. v. Shree Changdeo Sugar Mills Ltd. : Where the court is dealing with the two sub-sections of a section, it is necessary that the two sub-sections must be construed as a whole.

Prashant Kumar De Choudhary v. Tapas Kumar Das : Where two sections of the same statute are repugnant then the rule is that, the last must prevail.

9. Exceptions and Saving Clause (अपवाद व व्यावृत्ती खंड) :-

• Exceptions are generally added to an enactment with the purpose of exempting something which would otherwise fall within the ambit of the main provision.
• An exception affirms that the thing not exempted are cover under the main provision.
• Example : section 300 (IPC) there are 5 exceptions

First four ends, “not murder if”.
Fifth exception ends “ not murder when.”

Director of Secondary Education v. Pushpendra kumar : An exception should not be so construed as to override the main enactment and thereby nullify the right conferred under the main enactment.

Collector of Customs v. M/s Modi Rubber Ltd. : If a section has an exception appended to it then that exception should be interpreted with regard to the principle of law contained in the main section.

Saving clauses are generally appended in cases of repeal and re-enactment of a statute. By this the rights already created under repeal enactment are not disturbed nor new rights are created by it.
In case of any conflict between the saving clause and the main part of the statute, the saving clause is rejected

In Agricultural & Processed food products v. UOI, it is held that, saving clause saved only rights and did not confer any right.

The General Clauses Act, 1897

Section 29 : Saving for previous enactments, rules and bye-laws :

The provisions of this Act respecting the construction of Acts, Regulations, rules or bye-laws made after the commencement of this Act shall not affect the construction of any Act, Regulation, rule or bye-law made before the commencement of this Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act.

Example of Exception : Indian Contract Act, 1872
Section 19 : Voidability of agreements without free consent… Exception : “….the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.”

Example of Saving Clause : IPC

sec 5: Saving : Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

10. Provisos (परंतूक) :-

• Provisos are appended to section of the statute.
• Dictionary meaning of proviso is condition.
• Words “provided that”, “provided further that” are used to denote the proviso.
• Provisos are clauses of exception or qualification in an Act. i.e. provisos are excluding something out of or qualify something in enactment.
• A proviso is subsidiary to the main enactment and has to be construed in the light of the section itself.
• It is not an independent section. It is dependant on section
• The correct way to understand a proviso is to read it in its context. Before a proviso can have any application, the section it self must apply.
• The role of proviso : proviso is generally intended to :

1. Restrain (bound, निर्बंधात ठेवणे) the enacting clause
2. To except(exclude) something which would have otherwise been within it.
3. To qualify or make exception to main enactment.
4. To modify the enacting clause.
5. May provide mandatory conditions to make enactment workable.
6. Proviso sometimes work as qualification, limitation or condition.

The provisions worded as proviso, exception and saving clause are distinct from each other.

Proviso is used to remove special cases from the general enactment and provide them especially.

Exception is intended to restrain the enacting clause to particular cases

(Proviso: Condition required to be fulfilled in order for the provision to be applicable. Exception: Situation/Condition where the provision shall not apply.)

Saving clause is used to preserve from destruction certain rights, remedies or privileges already existing.

Broach Co-operative Bank v. CIT : The proper canon (rule) of construing a section which has several provisos is to read the section & provisos as a whole, reconsile them and give a logical meaning.

Durgapur Projects Ltd. V. Graphite India Ltd. : In construing a proviso one has to harmoniously construe the proviso with the main section and to see that the proviso do not cut down the obligations cast by the section itself.

Commissioner of Commercial Taxes v. Ramkishan Sreekishan If a reasonable interpretation of the proviso leads to the inference that it is contradicting the main enactment, the proviso should prevail over the main enactment on the principal that it speak the last intention of the legislature.

Hindustan Ideal Insurance Co. v. LIC of India : There is no doubt that where the main provision is clear, its effect cannot be cut down by the proviso. But where it is not clear, its effect cannot be cut down by the proviso. But where it is not clear, the proviso can properly be looked into to ascertain the meaning & scope of the main provision.

11. Explanation (स्पष्टीकरणे) :-

• Explanations are inserted whenever the legislature feels that a particular provision needs explaining & it is essential to remove doubts which may arise in the absence of it.
• An explanation either adds something or excludes something from the purview(view) of the section.
• An explanation can be read in harmony with the main section. If the main enactment have any ambiguity or vagueness, and explanation can be resorted to clarify.
• Explanation makes the section meaningful & purposeful.
• Explanation can not enlarge the scope of the provision.
• Example : IPC section 108, definition of Abettor. To explain the definition five explanations are inserted.

Bengal Immunity company v. State of Bihar : Explanation is a part of the section to which it is appended and the whole should be read together to know the true meaning of the provision.

S. Sundaram v. V.R. Pattabhiraman :

The object of an explanation to a statutory provision is :

i) To explain the meaning and intendment(कायदेशीर अर्थ ) of the Act itself.

ii) Where there is confusion or vagueness(अस्पष्टता) in the main enactment to clarify the same to make it consistent with object.

iii) To provide the additional support to the object of the Act in order to make it meaningful and purposeful.

iv) Explanation cannot change the meaning of an enactment but where some gap is left, in order to advance the object of the Act, it may help or assist the court in interpretion.

Bihta Co-operative Development Cane Marketing Union v. State of Bihar

The Supreme Court said that in case of a conflict between the main provision and the explanation attached to it the general duty of the court is to try to harmonise the two.

12. IIlustrations (उदाहरणे) :

• An illustration is appended to a section with the purpose of illustrating the provision of law explained.
• Illustrations exhibit the law in full action.
• A very large number of Acts have illustrations appended to various sections.
• They are good guide to find out the intention of the framers
• They form the part of the statute .
• In case of repugnancy, between the text of the section and the illustration, section will prevail over the illustration.
• Example : IPC section 378 (Theft), 5 explanations and 16 illustrations are appended.

Ramaswamy Pattamali v. Lakshmi : If the text is clear and an illustration cannot be taken as extending or limiting the scope of the text. But in all other cases, the illustration shall be taken as an explanatory to the section.

Mahesh Chand Sharma v. Raj Kumari Sharma : The Supreme Court observed that, illustration is part of the section and it helps to elucidate the principle of the section.

Example of a section having all, exceptions, proviso, illustration, explanation. : IPC section 300 ( Murder )

“Except in the cases hereinafter excepted, (total 5 exceptions) culpable homicide is murder, if………”

Illustrations ( a to d )

Eg. (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

eg. Exception 1- When culpable homicide is not murder- Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos :-

First- That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing. or doing harm to any person.

Secondly- That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

Thirdly- That the provocation is not given by anything done in the lawful exercise of the right of private defense.

Explanation- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations ( a to f )

eg. (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.

13. Punctuation (विरामचिन्हे) :-

• Statutes have punctuation in the text in the form of colon, semi-colone, comma, full stop, dash bracket etc.
• In the ancient times many statutes were without proper punctuation, so courts were not so concerned with it. But, in modern times importance has been given to punctuations
• The object or function of punctuations is to give the clear and unambigious meaning of the written text.
• Punctuation of law generally speaking does not control or affect the intention of the legislature in its enactment.

Ashwini Kumar v. Arabinda Bose : The SC held that, a punctuation cannot be regarded as a controlling element and cannot be allowed to control the plain meaning of a text.

Dadaji v. Sukhdeobabu : Punctuation marks by themselves do not control the meaning of a statute where its meaning is otherwise obvious.

14. Schedules (अनुसूची) :-

• Schedules form a part of statute, which are placed at the end of the Act & contains minute details for working out the provisions of the Act.
• Section 3(52) of the General Clauses Act, 1897 defines:

Schedule shall mean a schedule to the Act or regulation in which the word occurs.

• Example : Schedules of The Constitution of India
• The object of division of a statute into sections and schedule is only for convenience
• Schedules generally deals with as to how claims or rights under the Act are to be asserted ( eg. in the form of list )
• Every statute does not contain schedule some contain more than one, some do not have at all.

Life Insurance Corporation of India v. Escorts Ltd.
Schedules are part of the statute itself and may be looked into by the courts for the purpose of interpreting the main body of the statute.

Aphali pharmaceuticals Ltd. v. State of Maharashtra :
In case of clash between the schedule and the main body of an Act, the main body prevails and the schedule has to be rejected

15. Non-Obstante Clause ( Notwithstanding ) :-

• Gives overriding effect to some provisions of an Act and overcome contrary provision that may be found either in the same enactment or some other enactment.
• Example : The Maharashtra State Co-op Soc. Act, 1960

Section 18A(4) says “ Notwithstanding anything contained in the TOPA, 1882 or the Registration Act, 1908, the order issued under subsection (1) shall be sufficient conveyance for transfer or……..”

• Sometimes section itself commences with clause stating that, “Notwithstanding anything contained in this Act or any law for the time being in force….” such an expression is Non-Obstante Clause.
• This clause gives overriding effect to the enacting part of the section over the provision or Act mentioned in the Non-Obstante clause.

Lalu Prasad & another v. State of Bihar & other. : The very purpose of non-obstante clause is that, the provision shall prevail over any other provision. In case there is inconsistency between a non-obstante clause and other provision, it is the non-obstante clause that will prevail. Even by dictionary sense, the expression ‘notwithstanding’ implies that other provisions shall not prevail over the main provision.

State of W.B. v. Union of India : The influence of a non obstante clause has to be considered on the basis of the context also in which it is used.