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Strict Construction of Penal Statutes

By Prof. (Dr.) Mohammed Saheb Hussain

Published In

Cr LJ 2006

Introduction A principle of far reaching importance in the interpretation of statutes is that it should be interpreted according to the intent of those that made it, and the intention of makers is to be ascertained from the language employed in the statutes which are the only repository of the intention of the legislature. In doing so, it is the bounden duty of the Court to give ordinary, plain, grammmatical and natural meaning to the words used in the statute. But where a word used in the statute is capable of various shades of meaning, the meaning to be attached is to be arrived at by reference to the scheme of the statute or the section in particular taken as a whole. An attempt is made specially in the sphere of interpretation of penal statutes. The above principles are no doubt followed in the interpretation of penal statutes as well, but in regard to the interpretation of a penal statute the principle followed is that the statute must be con ....

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