The General Clauses Act, 1897 and Interpretation of Statutes — Practice

Question 1

Under the General Clauses Act, does the word 'person' include a company by default?

Accepted Answer

Yes — Section 3(42) includes a company or association or body of individuals, whether incorporated or not, within 'person', unless the specific Act excludes this.

Question 2

Which rule of interpretation is always the starting point for reading a statute?

Accepted Answer

The Literal (Grammatical) Rule.

Question 3

What is the other common name for the Mischief Rule?

Accepted Answer

Heydon's Rule.

Question 4

An order is dated 10 June and a statute requires an appeal to be filed 'within 60 days from the date of the order'. From which date does the 60-day count begin?

Accepted Answer

11 June — Section 9 of the General Clauses Act excludes the 'from' day itself from the count.

Question 5

A statute is repealed with no saving clause. State, per Section 6, three things the repeal does NOT do unless a contrary intention appears.

Accepted Answer

It does not (a) revive anything not in force at the time of repeal, (b) affect the previous operation of the repealed Act or anything duly done under it, or (c) affect any right, privilege, obligation or liability already acquired or incurred, or any pending legal proceeding, under the repealed Act.

Question 6

Two sections of the same Act appear to conflict on a literal reading. Which rule applies, and what does it require?

Accepted Answer

The Rule of Harmonious Construction — it requires interpreting both provisions so each can operate without rendering the other meaningless, rather than treating one as automatically overriding the other.

Question 7

Explain, with an example, the difference between the Golden Rule and the Mischief Rule.

Accepted Answer

The Golden Rule starts from the literal meaning and departs from it only enough to avoid an absurd result — e.g. reading 'brother' to exclude a half-brother only where the literal reading would otherwise produce an absurd outcome in context. The Mischief Rule instead starts by asking what defect in the earlier law the statute was passed to cure, and interprets an ambiguous provision so as to suppress that defect and advance the remedy — e.g. reading a consumer-protection provision broadly enough to cover a new form of the same abuse the Act was originally passed to stop.

Question 8

A newly enacted statute is silent on whether it applies to transactions completed before its commencement. What does the standing presumption on retrospective operation suggest, and how strong is it?

Accepted Answer

Courts presume a statute does not operate retrospectively unless the legislature has clearly shown a contrary intention — the presumption is strongest where the statute affects substantive rights (such as vested contractual or property rights) and comparatively weaker where the provision is purely procedural.

Practice — The General Clauses Act, 1897 and Interpretation of Statutes

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