Describe the role of 'interpretation or definition clause' in statutes.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Describe the role of 'interpretation or definition clause' in statutes.
Answer & Explanation:
It is common to find in statutes "definitions" of certain words and expressions used elsewhere in the body of the statute. The object of such a definition is to avoid the necessity of frequent repetitions in describing all the subject-matter to which the word or expression so defined is intended to apply. A definition section may borrow definitions from an earlier Act and definitions so borrowed need not be found in the definition section but in some provisions of the earlier Act. When a word has been defined in the interpretation clause, prima facie that definition governs whenever that word is used in the body of the statute. The definition of a word in the definition section may either be restrictive of its ordinary meaning or it may be extensive of the same. When a word is defined to 'mean' such and such, the definition is prima facie restrictive and exhaustive, whereas where the word defined is declared to 'include' such and such, the definition is prima facie extensive. Further, a definition may be in the form of 'means and includes', where again the definition is exhaustive. On the other hand, if a word is defined 'to apply to and include', the definition is understood as extensive. ( Balkrishan v. M. Bhai AIR 1999 MP 86 ) A definition section may also be worded in the form 'so deemed to include' which again is an inclusive or extensive definition and such a form is used to bring in by a legal fiction something within the word defined which according to ordinary meaning is not included within it. When a word has been defined in the interpretation clause, prima facie that definition governs whenever that word is used in the body of the statute.
Topics: Interpretation of Statutes
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