INTERNAL AIDS TO INTERPRETATION

“Internal aids” mean those aids which are available in the statute itself. Each and every part
of an enactment helps in interpretation. However, it is important to decipher as to whether
theses parts can be of any help in the interpretation of the statute. The Internal aids to
interpretation may be as follows:
a. Title
Long title– The Long Title of a Statute is an internal part of the statute and is admissible as
an aid to its construction. Statute is headed by a long title and it gives the description about
the object of an Act. It begins with the words- “An Act to ………….” For e.g. The long title
of the Criminal Procedure Code, 1973 is – “An Act to consolidate and amend the law
relating to criminal procedure”. In recent times, long title has been used by the courts to
interpret certain provision of the statutes. However, its useful only to the extent of removing
the ambiguity and confusions and is not a conclusive aid to interpret the provision of the
statute.
In Re Kerala Education bill, the Supreme Court held that the policy and purpose may be
deduced from the long title and the preamble. In Manohar Lal v State of Punjab, Long title
of the Act is relied as a guide to decide the scope of the Act.
Although the title is a part of the Act, it is in itself not an enacting provision and though
useful in case of ambiguity of the enacting provisions, is ineffective to control their clear
meaning.
Short Title - The short title of an Act is for the purpose of reference & for its identification.
It ends with the year of passing ofthe Act. E.g. “The Indian Penal Code, 1860”; “The Indian
Evidence Act, 1872”. The Short Title is generally given at the beginning with the words-
“This Act may be called……………” For e.g Section 1 of The Indian Evidence Act, 1872,
says –“This Act may be called, The Indian Evidence Act, 1872”. Even though short title is
the part of the statute, it does not have any role in the interpretation of the provisions of an
Act.
b. Preamble
The main objective and purpose of the Act are found in the Preamble of the Statute. Preamble
is the Act in a nutshell. It is a preparatory statement. It contains the recitals showing the
reason for enactment of the Act. If the language of the Act is clear the preamble must be
ignored. The preamble is an intrinsic aid in the interpretation of an ambiguous act.

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If any doubts arise from the terms employed by the Legislature, it has always been held safe
means of collecting the intention to call in aid the ground and cause of making the statute and
to have recourse to the preamble.
In Kashi Prasad v State, the court held that even though the preamble cannot be used to defeat
the enacting clauses of a statute, it can be treated as a key for the interpretation of the statute.
c. Headings and Title of a Chapter
Headings are of two kinds – one prefixed to a section and other prefixed to a group or set of
sections. Heading is to be regarded as giving the key to the interpretation and the heading
may be treated as preambles to the provisions following them. In Krishnaih V. State of (A.P.
AIR 2005 AP 10) it was held that headings prefixed to sections cannot control the plain
words of the provisions. Only in the case of ambiguity or doubt, heading or sub-heading may
be referred to as an aidin construing provision.
In Durga Thathera v Narain Thathera, the court held that the headings are like a preamble
which helps as a key to the mind of the legislature but do not control the substantive section
of the enactment.
d. Marginal Notes:
Marginal notes are the notes which are inserted at the side of the sections in an Act and
express the effect of the sections stated. Marginal notes appended to the Articles of the
Constitution have been held to constitute part of the constitution as passed by the constituent
assembly and therefore they have been made use of in construing the articles.
In Wilkes v Goodwin, the Court held that the side notes are not part of the Act and hence
marginal notes cannot be referred.
e. Definitional Sections/ Clauses
The object of a definition is to avoid the necessity of frequent repetitions in describing the
subject matter to which the word or expression defined is intended to apply. A definition
contained in the definition clause of a particular statute should be used for the purpose of that
Act. Definition from any other statute cannot be borrowed and used ignoring the definition
contained in the statute itself.
f. Illustrations
Illustrations in enactment provided by the legislature are valuable aids in the understanding
the real scope. In Mahesh Chandra Sharma V.Raj Kumari Sharma, (AIR 1996 SC 869), it
was held that illustrations are parts of the Section and help to elucidate the principles of the
section.
g. Proviso

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The normal function of a proviso is to except and deal with a case which would otherwise fall
within the general language of the main enactment, and its effect is confined to that case.
There may be cases in which the language of the statute may be so clear that a proviso may
be construed as a substantive clause. But whether a proviso is construed as restricting the
main provision or as a substantive clause, it cannot be divorced from the provision to which it
stands as a proviso. It must be construed harmoniously with the main enactment.” [CIT vs.
Ajax Products Ltd. (1964) 55 ITR 741 (SC)]
h. Explanations
An Explanation is added to a section to elaborate upon and explain the meaning of the words
appearing in the section. An Explanation to a statutory provision has to be read with the main
provision to which it is added as an Explanation. An Explanation appended to a section or a
sub-section becomes an integral part of it and has no independent existence apart from it.
The purpose of an Explanation is not to limit the scope of the main section. An Explanation is
quite different in nature from a proviso; the latter excludes, excepts and restricts while the
former explains, clarifies or subtracts or includes something by introducing a legal fiction.
i. Schedules
Schedules form part of a statute. They are at the end and contain minute details for working
out the provisions of the express enactment. The expression in the schedule cannot override
the provisions of the express enactment.
j. Punctuation
Punctuation is a minor element in the construction of a statute. Only when a statute is
carefully punctuated and there is no doubt about its meaning can weight be given to
punctuation. It cannot, however, be regarded as a controlling element for determining the
meaning of a statute.”