Strict Construction of Penal Statues PDF

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Strict Construction of Penal Statues It is a sound rule of construction that the substantive law should be construed strictly so as to give effect and protection to the substantive rights unless the statute otherwise intends. Strict construction is one which limits the application of the statute by the words used. According to Sutherland “strict construction refuses to extend the import of words used in a statute so as to embrace cases or acts which the words do not clearly describe. The rule is stated by Mahajan C.J. in Tolaram v. State of Bombay, is that “If two possible and reasonable constructions can be put upon a penal provision, the Court must lean towards that construction which exempts the subject from penalty rather than the one which imposes a penalty. It is not competent for Court to stretch the meaning of an expression used by the legislature in order to carry out the intention of the legislature. In State of Jharkhand v. Ambay Cements, the Supreme Court held that it is settled rule of interpretation that where a statute is penal in character, it must be strictly construed and followed. The basic rule of strict construction of a penal statute is that a person cannot be penalized without a clear letter of the law. Presumptions or assumptions have no role in the interpretation of penal statutes. They are to be construed strictly in accordance with the provisions of law. Nothing can be implied. In such cases, the Courts are not so much concerned with what might possibly have been intended. Instead, they are concerned with what has actually been said. Guiding principles of Strict Construction of Penal Statutes From the rules enunciated by different Courts in different cases, the following guiding principles can be formulated: 1. In criminal cases, strict construction is the general rule of construction. 2. If the Penal Section covers only some cases of persons, their essence cannot be extended to cover other persons. Section 82 of IPC deals with an act done by a child below 7 years of age. Section 83 deals with acts of children who are above seven but below 12 years of age. The two sections make no provision for an infant who is of exact 7 years. It is submitted that such an infant should be dealt with under Section 82 of the code because penal statutes are to be interpreted strictly. In order to warrant a conviction for an offence a case must fall within the ambit of the definition of the offence charged and the rule is that the benefit of all reasonable doubts must always go the accused. 3. If there is no ambiguity, and the act or omission by the accused falls clearly within the mischief of the statute, the statute is to be interpreted like any other law i.e., the full effect will be given to the statute. 4. Penal statutes generally have a prospective operation. No penal statute should be given a retrospective operation Article 20(1) of the Indian Constitution. 5. Where certain procedural requirements have been laid down by a statute to be completed in a statute dealing with punishments, the Court is duty-bound to see that all these requirements have been complied with before sentencing the accused.

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