The process by which the courts of law try to ascertain or understand the meaning of the legislation through the wording of enactment is technically called interpretation. The aim of interpretation of a statute is to find out the legislative intention.

1. Interpretation of law
Legal Environment of Business

2. Prepared By
Manu Melwin Joy
Assistant Professor
Ilahia School of Management Studies
Kerala, India.
Phone – 9744551114
Mail – manu_melwinjoy@yahoo.com
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3. Interpretation of law
The process by which the courts
of law try to ascertain or
understand the meaning of the
legislation through the wording
of enactment is technically
called interpretation. The aim of
interpretation of a statute is to
find out the legislative
intention.

4. Rules of interpretation
• Literal rule of interpretation.
• Golden rule of interpretation.
• Mischief rule of interpretation.
• Rule of “Ejusdem Generis”.

5. Literal rule of interpretation
• All rules of interpretations have
one aim in view ie., to ascertain
the legislative intention of the
statue.
• The literal rule of interpretation
gives much importance to the
words and phrases used in the
statute.

6. Literal rule of interpretation
• According to this rule, words, phrases
and sentences are to be given their
ordinary natural meaning.
• If the language used in the statute is
clear, unambiguous and admits only
meaning, the judges should accept it
and enforce it.
• The judge has to give respect to the
letter of the law. This is the basic rule
of construction.

7. Golden rule of interpretation
• The golden rule of
interpretation propounded by
Wensleydale states that, while
interpreting statutes, the
court has to adopt literal or
grammatical interpretations.
• If the words in the statute
lead to absurdity, repugnancy
or inconsistency, the court can
modify the words for the
purpose of avoiding such
absurdity, repugnancy or
inconsistency but no further.

8. • For example, imagine there may be a sign
saying "Do not use lifts in case of fire." Under
the literal interpretation of this sign, people
must never use the lifts, in case there is a fire.
However, this would be an absurd result, as
the intention of the person who made the sign
is obviously to prevent people from using the
lifts only if there is currently a fire nearby.

9. Mischief rule of interpretation
• The mischief rule of
interpretation insists
that the court should
adopt that construction,
which would suppress
the mischief and
advance the remedy.
This is also known as
“Rule in Hydon’s case.”

10. Mischief rule of interpretation
For the interpretation of
all statutes, four things
are to be considered by
the judge
– The law existing before the
present act was passed.
– The mischief and defect for
which there was no law.
– The remedy provided by
the legislature for avoiding
the mischief.
– The true reason of
mischief.

11. • Under the Street Offences Act [1959], it was a
crime for prostitutes to "loiter or solicit in the
street for the purposes of prostitution". The
defendants were calling to men in the street
from balconies and tapping on windows. They
claimed they were not guilty as they were not
in the "street." The judge applied the mischief
rule to come to the conclusion that they were
guilty as the intention of the Act was to cover
the mischief of harassment from prostitutes.

12. Rule of “Ejusdem Generis”
The rule of “Ejusdem
Generis” literally means “ of
the same kind or species”.
The rule says that when
there is a general word
following particular and
specific words, the general
word must be confined to
the things of the same kind.

13. Rule of “Ejusdem Generis”
According to Maxwell, the
general word which follows
particular and specific
words takes its meaning
from them and is presumed
to be restricted to the same
genus of those word.

14. Rule of “Ejusdem Generis”
In order to apply this rule, the
following conditions are to be
satisfied
– The section should contain an
enumeration of specific words
– Should constitute a class.
– The class should not be exhausted
by the enumeration and
– A general term should follow that
enumeration.

15. • Example: if a law refers to automobiles, trucks,
tractors, motorcycles and other motor-powered
vehicles, "vehicles" would not
include airplanes, since the list was of land-based
transportation.

16. • Interpretation of law.