(1) Introduction:-
The word codification means a systematic collection of statues or body of laws
so arranged as to avoid inconsistency and over lapping. In other words,
codification can defined as the process of collecting and arranging the laws of
a country or state into a code.
(2) Definition of Codification:-
Different Jurists had given opinion about codification some of them are as
followings.
a) According to Salmond:-
Codification means the reduction of the whole corpus juris so for as
practicable in the form of enacted law.
b)According to Bentham:-
A complete digest as such in the first rule whatever is not in the code ought
not be law.
(3) Interpretation of Enacted Law:-
Law always need to be defined and interpreted. Interpretation means the process
of determination of something, especially the law or legal documents.
Every law has some demerits and whenever something like this come in front of
court, then the court pay fully attention and finds the appropriate words and
way out for it.
(4) Definition of Interpretation:-
a) According to Salmond:-
Interpretation is the process by which the courts seek to ascertain the meaning of the legislature through the medium of the authoritative form in which it is expressed.
(5) Kinds of Interpretation:-
Interpretation is of two kinds which are given below.
i) Functional Interpretation
ii)Literal Interpretation
i) Functional Interpretation:-
The true essence of law lies in its spirit not in its words. Thats why courts
are bond to discover and act upon the real interpretation of legislature.
ii) Literal Interpretation:-
Literal interpretation is actually the verbal expression of law. In this way of
interpretation the letter of the law departs from the free interpretation and
seeks for evidence of the true intention of the legislature.
(6) Principles/Rules/Modes of interpretation:-
When courts interpret any law different principles/Rules and modes are to be
applied some of them are as followings.
(i) Logical Interpretation
(ii) Grammatical Interpretation
(iii) Historical Interpretation
(iv) Strict and equitable interpretation
(v) Sociological Interpretation
(vi)Restrictive and extensive interpretation
(vii)Golden Principle/Rule of Interpretation
(viii)Mischief Principle/Rule
(ix)Construction should be prospective
(x) Popular sensed words should be construed
(xi) Absurdity should be avoided
(xii)Rule of causus omissus
(xiii) Intention of legislature
(xiv) Status read as a whole
(xv) Consider the policy and object of statue
(xvi) Rules of Presumptions
(xvii) Technicalities to be deprecated
(xviii)In favour of accused
i) Logical Interpretation:-
If the letter of law desperately needs
Interpretation and the true object of statue is to be presented then courts are
allowed to depart from the letter of law and find out the real intention of
Legislature. Logical interpretation only applies when grammatical
interpretation is not possible.
ii) Grammatical Interpretation:-
In grammatical interpretation only the verbal expression of law is taken into
consideration and the courts do not go beyond the litera legis.
Defets in Grammatical Interpretation:-
Prof Salmond refers to three logical defects by which grammatical
Interpretation may be affected.
a) The language of the statue may be ambiguous.
b)The Language may be inconsistent with each other and there by destroy their
meaning.
c) The law may be incomplete so the grammatical interpretation may not be
possible.
iii) Historical Interpretation:-
When the language of the statue gives no clue
to the intention of the legislature then the method of historical
interpretation is adopted. The mode of interpretation has its own limitations
because courts cannot travel out of the language used in the statue.
iv)Strict and Equitable Interpretation:-
Strict and equitable interpretation is in which two possible meanings could be
given to statue because of its ambiguity.
v)Sociological interpretation:-
In sociological judges are given lot of freedom while interpreting a statue.
Court can property refer into the social needs. Object and purposes which were
agitating society at the time of legislation
vi)Restrictive and extensive interpretation:-
Equitable interpretation may be either restrictive or extensive. In extensive
interpretation judges may stretch the word from narrower to the wider sense of
which it is inherently capable of.
vii)Golden Principle/Rule of Interpretation:-
It is the golden rule of interpretation that in difficult cases, the court may
go beyond the words of the statue and take help from other sources:
viii)Mischief Principle/Rule:-
Completely different approach to the statutory interpretation is given in
mischief principle. The act is to be interpreted in such a way so that mischief
is suppressed and remedy is advanced.
ix)Construction should be construed:-
If the enacted law is expressed in language that is fairly capable of either
interpretation it ought to be construed as prospective only.
x)Popular sensed words should be construed:-
For proper interpretation words used in a statue law should be construed in the
proper sense.
xi)Absurdity should be avoided:-
The language of a statue is clear so the statue law should be interpreted in
such away to avoid absurdity
xii)Rule of causus omissus:-
Rule of casus omissus provides that omissions in a statute be supplied be
construction.
xiii)Intention of legislature:-
It is very important that statute should be construed in a manner to carry out
the intention of legislature.
xiv) Statue read as a whole:-
Statue must be read as a whole and construction should be put on all parts of
statue.
xv) Consider the policy and object of statue:-
Interpretation of a statue should be in accordance with the policy and object
of the statue in question.
xvi)Rules of presumptions:-
While interpreting a statue, certain presumptions have to be taken into
consideration by the courts.
xvii)Technicalities to be deprecated:-
The courts must look at the substance and not the form and technicalities must
be deprecated.
xviii) In Favour of accused:-
All the penal laws must be construed in favour of the accused.
(7) Conclusion:-
To conclude, it can be stated that interpretation is actually the act of
finding out the true sense of any form of word. The true essence of law lies in
its spirit not in its words. So it is actually the duty of the court to
interpret the enacted statues and apply it.
Law Notes for LLB, Law Notes for GAT
Nice information sir thanks
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