Question-15 'अर्थान्वयन साहचर्येण ज्ञायते' का सिंद्धान्त क्या है ? इसकी विवेचना निर्णीत वादों की सहायता से कीजिए।
What is the principle of 'Noscitur a sociis'? Discuss this with the help of decided cases.
Answer- 15
Principle of ‘Noscitur a Sociis’ in Interpretation of
Statutes
The principle of 'Noscitur a Sociis' is a Latin maxim which
translates to "a word is known by the company it keeps." In the
context of statutory interpretation, it suggests that the meaning of an unclear
or ambiguous word or phrase should be determined by looking at the words or
phrases surrounding it. The surrounding words can provide context that
clarifies the meaning of the uncertain word.
This principle is used by courts to interpret legislative
provisions that are vague or susceptible to more than one meaning. By
considering the entire section, chapter, or statute, the court can infer the
true meaning of the ambiguous word or phrase.
Key Points of ‘Noscitur a Sociis’
1. Contextual
Interpretation: The central idea is that words must be interpreted in the
context of other words they appear with. This helps to resolve ambiguity by
considering the whole provision rather than isolating a single term.
2. Restricting
or Expanding the Meaning: By examining the surrounding words, the meaning of
the word in question can either be restricted (if the surrounding words are
more specific) or expanded (if the surrounding words are broader).
3. Avoiding
Absurd or Inconsistent Results: This principle ensures that a word is not given
an interpretation that leads to an absurd or unreasonable result, thus
maintaining harmony within the entire statute.
4. Use in
Ambiguity: ‘Noscitur a Sociis’ is most useful when a word or phrase is
ambiguous or vague. The context in which it appears can help clear the
ambiguity and lead to a more reasonable, consistent interpretation.
Case Laws Illustrating ‘Noscitur a Sociis’
1. Bangalore
Water Supply and Sewerage Board v. A. Rajappa (1978)
In this case, the Supreme Court applied the principle of
Noscitur a Sociis to interpret the term 'industrial dispute'. The court looked
at the context in which the term 'industrial dispute' was used in the
Industrial Disputes Act, interpreting it in light of the surrounding provisions
to determine that 'industrial dispute' included matters related to workers and
management.
2. State of
West Bengal v. Union of India (1964)
The court applied the Noscitur a Sociis principle while
interpreting the term "forests" in the Constitution. The term
'forests' was clarified to include both "forests" and
"woodlands" by looking at the context of other words and legislative
history around the term.
3. M.
Pentiah v. M. Thirumalamma (1961)
The court referred to Noscitur a Sociis when interpreting
the term "land" in the context of inheritance laws. The term was
understood to include the various forms of property and interests in land,
which was clarified by the surrounding provisions that dealt with the transfer
and distribution of land and property.
4. K. K.
Verma v. Union of India (1954)
The case highlighted the application of the Noscitur a
Sociis rule in the interpretation of the term "taxable services"
under the Finance Act. The surrounding clauses were scrutinized to clarify the
meaning of "taxable services," ensuring that only those services that
were logically related to the scope of taxation were included.
5. Shivaji
v. State of Maharashtra (1969)
In this case, the Supreme Court used the Noscitur a Sociis
rule to interpret the term "property" under the Indian Penal Code.
The court interpreted "property" in the context of the law to include
movable property, based on its surrounding words, which dealt with theft,
damage, and misappropriation.
Conclusion
The Noscitur a Sociis principal aids in giving clarity to
statutory language by emphasizing the need to interpret words in light of their
context. By doing so, the courts prevent interpretations that could lead to
unjust, impractical, or absurd results. This principle encourages a more
harmonious and reasonable approach to interpreting statutes.
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