(i) What is the purpose of inclusion of ‘definitions’ of certain words and expressions in the body of any statute? (ii) The definition sometimes…

CA Intermediate · Corporate and Other Laws · PYQS · September 2024
(i) What is the purpose of inclusion of ‘definitions’ of certain words and expressions in the body of any statute? (ii) The definition sometimes includes the words 'mean', 'include', 'means and include' and 'to apply to and include'. What is the meaning of such words?

Suggested Answer and Working Notes:

(i) Purpose of inclusion of ‘definition' of certain words and expressions in the body of any statute The legislature has the power to embody in a statute itself the definitions of its language and it is quite common to find in the Statutes 'definitions' of certain words and expressions used in the body of the statute. When a word or phrase is defined as having a particular meaning in the enactment, it is that meaning alone which must be given to it in interpreting a Section of the Act unless there be anything repugnant in the context. This is called an exhaustive definition. The Court cannot ignore an exhaustive statutory definition and try and extract what it considers to be the true meaning of the expression independently of it. The purpose of a definition clause is two-fold: (i) to provide a key to the proper interpretation of the enactment, and (ii) to shorten the language of the enacting part by avoiding repetition of the same words contained in the definition part every time the legislature wants to refer to the expressions contained in the definition. (ii) Restrictive and extensive definitions: The definition of a word or expression in the definition section may either be restricting of its ordinary meaning or may be extensive of the same. When a word is defined to 'mean' such and such, the definition is 'prima facie' restrictive and exhaustive, we must restrict the meaning of the word to that given in the definition section. But where the word is defined to 'include' such and such, the definition is 'prima facie' extensive: here the word defined is not restricted to the meaning assigned to it but has extensive meaning which also includes the meaning assigned to it in the definition section. We may also find a word being defined as 'means and includes' such and such. In this case, the definition would be exhaustive. On the other hand, if the word is defined 'to apply to and include', the definition is understood as extensive.

Topics: Interpretation of Statutes

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