Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss how are punctuations useful in interpretation of statute and its construction?
Punctuations
‘Punctuation’ means to mark with points and to make points with usual stops. It is the art of dividing sentences by point or mark. Punctuation is considered as a minor element in the construction of statutes. Text book writers comment that English Court pay little or no attention to punctuation while interpreting the statutes. The same is not the cases in Indian Courts. If a statute in question is found to be carefully punctuated, punctuation may be resorted for the purpose of construction.
Punctuation is disregarded in the construction of a statute. Generally there was no punctuation in the statutes framed in England before 1849. Punctuation cannot control, vary or modify the plain and simple meaning of the language of the statute.
However, if a statute is revised and re-enacted but the section under construction in the revised statute is brought in identical terms as in the old statute except as to variation of some punctuation, that in itself will not be indicative of any intention on the part of the Legislature to change the law as understood under the old section.
Judgments:
Aswini Kumar Ghose v. Arabinda Bose, AIR 1952 SC pp.369,
383
B. K. Mukherjee, J., in Aswini Kumar Ghose v. Arabinda Bose, AIR 1952 SC pp.369, 383 expressed himself as follows: “Punctuation is after all a minor element in the construction of a statute, and very little attention is paid to it by English Courts. It seems, however, that in the vellum copies printed since 1850, there are some cases of punctuation, and when they occur they can be looked upon as a sort of contemporancea expositio. When a statute is carefully punctuated and there is doubt about its meaning, a weight should undoubtedly be given some cases, but it cannot certainly be regarded as a controlling element and cannot be allowed to control the plain meaning of a text.”
A. K. Gopalan v. State of Madras, AIR 1950 SC pp.27, 45
In Gopalan’s case, Kania CJ, in construing Article 22(7)(a) of the Constitution, referred to the punctuation and derived assistance from it in reaching his conclusion that Parliament was not obliged to prescribe both the circumstances under which, the class or classes of cases, in which a person may be detained for a period longer than three months, without obtaining the opinion of the Advisory Board and that Parliament on a true construction of the clauses could prescribe either or both. It would appear, with respect to modern statutes, that if the statute in question is found to be carefully punctuated, punctuation, though a minor element, may be resorted to for purposes of construction.
Mohd. Shabbir v. State of Maharashtra, AIR 1979 SC
pp.564, 565 : (1979) 1 SCC 568 : 1979 SCC (Cri) 356
An illustration of the aid derived from punctuation may be furnished from this case where section 27 of the Drugs and cosmetics Act, 1940 came up for construction. By this section whoever 'manufactures for sale, sells, stocks or exhibits for sale or distributes' a drug without a licence, is liable for punishment. In holding that mere stocking is not an offence within the section, the Supreme Court pointed out the presence of comma after 'manufactures for sale' and 'sells' and absence of any comma after 'stocks'. It was, therefore, held that only stocking for sale could amount to offence and not mere stocking.
Dr. M. K. Salpekar v. Sunil Kumar Shamsunder Chaudhari
AIR 1988 SC 1841
In this case the court construed clause 13 (3) (v) of the C.P. and Berar Letting of Houses and Rent Control Order. This provision permits ejectment of a tenant on the ground that "the tenant has secured alternative accommodation, or has left the area for a continuous period of four months and does not reasonably need the house." In holding that the requirement that the tenant ‘does not reasonably need the house’ has no application when he 'has secured alternative accommodation' the court referred and relied upon the punctuation comma after the words alternative accommodation.
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