Important Maxims, Presumptions and Rules regarding Interpretation of Statutes

Introduction: Law  which was introduced thousands of years ago for proper regulation of the society with a view to stop wrong doing either by punishment or by penalties. So to ensure that innocent people are not getting punished proper construction and interpretation  of the statute. First we should know what is interpretation and construction.

Interpretation and Construction: When the judge explain the law before reaching a final decision it  is called interpretation and when the judge reach a final decision by explaining a law to be more clear about the reasons of such decision it is construction. While construing the statute the judges have to be careful about the wording of the statute and legislation’s intention. Following rmaxims, rules and presumption must be followed by the court to ensure justice.

Maxims

Audi alterum pertam: The judges have to treat both the parties of the case equally. Both the parties must know the date, time of the hearing of the court, jurisdiction of the court. The accused also have the right to know about the charges brought against him and the court is bound to listen to both the parties.

Actori Incumbate Onus Probandi: The plaintiff who file the case is bound to bear the burden of proof . If he wants to achieve his claim he has to proof that he is entitled to the claim or his claim is solid.

Salus Populi Suprema Lex: Decision should be taken which bring benefit to the majority of the people.

Lex Fori: The judge have to decide a case according to the law applicable according to his jurisdiction irrespective of the fact that the pawties belong to  which jurisdiction or country but when it is a contract the case must be decided according to the law of the country where the contract was formed according to the maxim of lex loci contractus and when two parties of different country enter into marriage the law of that country where the marriage occur will be followed according to lex loci celebratious.

Nemo debet bis vexari pro eadem causa: This maxim refers that a person must not be punished for the same mistake

Beside this maxims there are some presumption such as-

·         Legislature does not make mistakes

·         Any already provided right can not be snached away without expressed word, necessary implication or compensation

·         A guilty mind is a must with a view to prove anyone guilty.

·         Legislature never intend to contradict the international law

·         The given teritorial jurisdiction must be maintained by the court if does not indicate otherwise by express word or necessary implication

·         Legislature never intend any injustice and absurd result.

·         A statute must be construed the way it serves the intention of the legislature

The rules which are being followed by the court are-

Leteral Rule: This is the rule the court must go with if the wording of the statute is clear.In criminal cases this rule must be followed.

Golden Rule: When the literal application of the word leads to absurdity then this rule can be applied to modify the meaning to achieve the actual intention of the legislature either applying narrow or broder approach of the rule.

Rule of Harmonious Constrution: When two statute or two sections of the same statute seems to contradict each other then this rule must be applied to ensure that none of the statute or section become dead letter.

Rule of Beneficial Constrution: When a statute is made in order to benefited a class of people then the meaning which is more beneficial must be taken into consideration among two meaning of the word by not changing the actual meaning.

Mischief Rule: When a law has been introduced with a view to remove a mischief but the statute fail to suppress the mischief then this rule shall prevail.

Conclusion: It is a point to be noted that we nust be careful about the meaning of the word and the intention of the legislature behind creating a law to apply them correctly with the intention of serving justice because words meaning can be changed in paralal with the intention such as the shall indicating compulsory can be construed as directory when the legislature intened to do so and the words must take the colour of its accompanied word for example when the word orange is accompanied by pink, red it must be construed as a colour and if it is accompanied by apple, banana then it will be construed as fruit according to the maxim of nositer a sociis then if the list of word  has a and so on with it it will be construed the same provision will be applicable to same kind of that specific call of thing or people according to edusgam generous and if something caused damage to some one without violating the law it will not be punished by law but if something has been done by violating the law it will be punished and an injury has no role here according to the maxims Damnumsine injuria and injuria sine Damnum . Along with these maxims, presumption and rules court can take the aid of heading, preamble,explaination, illustration, shedule, short title and long title of a statute and also can take the help of dictionary, text book or the decision of other country which has the same legal system like us while dealing with the same subject matter also known as parimateria. Moreover we should know that a statute though presumed to haveprospective effect can also have retrospective effect unless it is related to criminal law.