How To Read Bare Act To Understand Law

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*How to Read Bare Act to Understand Law.

Reading bare act is very essential to understand laws, it is


the exact text of a particular enactment by legislature. The
languages used in bare acts are often bit harder and confusing.
Most of the students, teachers, lawyers and even judges face
difficulties to understand law by reading Bare Acts. In this
Article we will learn how to read Bare Act to understand laws.

There are some methods or technique, which you can follow


while reading Bare Acts for a clear understanding of law.

1. Know the purpose of the Act:

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.

Always try to relate every sections, clauses and illustrations with


their purposes, it will help you to have a clear understanding of
law. Once the purpose of an Act is clear to you, you can be able
to understand all the things very easily.

2. Read the interpretation/definition clause:

Every Act provides an interpretation or definition clause in


starting of the Act, this interpretation clause or definition clause
define or explains some terms which are used in the Act. Most
of the Bare Act section 2 contains definitions, for example the
Indian Contract Act, 1872 contains the definitions of some terms
or words which are used in the Act and these particular terms
shall be interpreted as Section 2 of explains.
Not all Acts provides definition or interpretation clause in
Section 2, some Acts may provide in any other Sections, for
example Section 3 of Transfer of Property Act, 1882 states
interpretation clause in Section 3.

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.

4. Break sentences into parts and read:


A long and complicated sentence is scary to read, sometimes
Bare Acts contents some lengthy and complicated sentence
which are very difficult to understand. In that case break the
sentences into the parts, read slowly with patience, and take
pauses when you see the use of comma. You cannot read Bare
Act too fast, as it is not easy like reading novels or other books.
You need patience to read Bare Act and have a clear
understanding of law.

5. Give special attention to some terms:

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.

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