How To Read Bare Act To Understand Law
How To Read Bare Act To Understand Law
How To Read Bare Act To Understand Law
First thing you have to do before reading a Bare Act is you have
to understand the purpose and objects of that particular
enactment, you have to find why this act was enacted by the
legislature. Almost in every Act provides a long tittle in the
beginning of that Act which define the object of that Act, for
example the long tittle of the Code of Criminal Procedure Act,
1973 is “An Act to consolidate and amend the law relating to
criminal.”
So, the long tittle of Code of Criminal Procedure defining that to
consolidate and amend the laws relating to the criminal
procedure the Code of Criminal procedure Act, 1973 was
enacted. Similarly the long tittle of the Transfer of Property Act,
1882 is “An Act to define the law relating to transfer of property
by act of parties” which defines the object of the Transfer of
Property Act,1882.
Some time there may be some terms or words which has not
been defined in the interpretation or definition clause, in that
cases we have to go through the General Clauses Act, 1891 to
understand these terms.
3. Interpret literally:
Which reading the Bare Act you should have to read the Bare
Act as it is, literal interpretation is the first principle of
interpreting a statute. The principle of literal interpretation is
widely followed by the judges. Interpret literally simply means
the Bare Act should be read as their plan and ordinary meaning,
while reading Bare Act don’t guess any possible meaning. Read
the Bare Act as it is written.
While reading Bare Acts you should have to give some special
attention to some terms like “and”, “or”, “may”, “shall”,
“should” etc. which reading you cannot take these terms
casually, always give special attention to these terms.