Interpretation of Criminal Statutes

Stare decisis is a maxim among … lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
— Jonathan Swift, Gulliver’s Travels.

Interpretation

“WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY WE KNOW THE ENACTMENT “

“To treat precedents as superior to constitutional enactments is to introduce contradictions into the law, and in any system of logical propositions, acceptance of a single contradiction accepts all contradictions, rendering every proposition logically undecidable”

“By treating court opinions as though they are general law, and not just law for a particular case, we become accomplices in delegating legislative powers to judicial officials, which is forbidden by Art. I Sec. 1 of the U.S.”

Classification of Crimes

•The Crime of Misdemeanors • Overview  of Aiding and Abetting or Accessory • Overview of Arson • Overview of  Assault and Battery • Overview of Bribery • Overview of Burglary • Overview  of Child Abuse • Overview  of Child Pornography • Overview  of Computer Crime and Data Theft • Overview of Conspiracy • Overview of Credit/Debit Card Fraud • Overview offensive Conduct • Overview of Domestic Violence • Overview of Drug Cultivation , Manufacturing, Possession , Consumption and Trafficking • Overview  of Embezzlement • Overview of Extortion • Overview  of Murder • Overview of Forgery • Overview of Hate Crimes • Crime of Identity Theft • Crime of  Indecent Exposure • Crime of Insurance Fraud • Crime unintentional Manslaughter • Crime of Kidnapping • Crime of Money Laundering • Crime of Perjury • Crime of Prostitution • Crime of Pyramid Scheme • Crime of Rape • Crime of Robbery • Crime of  aggravated Murder • Crime of Securities Fraud • Crime of Sexual Assault • Crime of Stalking • Crime of Tax Evasion/Fraud • Crime of Telemarketing Fraud • Crime of Theft • Crime of Fraud




SOME BASIC RULES

Relations between the words of a statute

  1. ejusdem generis;
  2.  noscitur a sociis;
  3. expressio unius est exclusio alterius;
  4. casus omissus

Relation of the words in a statute to outside materials

  1. plain meaning rule;
  2. when two statutes are in conflict, the latest in time prevails

SOME ISSUES 

  1. Distribution of power between the legislature and the courts.
  2. Distribution of responsibility between the legislature and the courts

  3. Creation of certainty in the law

  4. To change and adapt the law to new and unforeseen conditions

  5. To decide the controversies of litigants before the courts.

  6. Judges should make law when necessary to the ends of justice.

7. The Relative Merits of Legislatures and Courts as Lawmakers


THE WAY OF INTERPRETATION

  1. Who Should Create and Define Crimes?
  2. Who Does Create and Define Crimes?
  3. Common law crimes.
  4. Three approaches: Textualism, intentionalism, and dynamism of interpretation.

Devider

Specific Interpretation

  1. A Directory or Mandatory Provision
  2. Access or non access to wife
  3. Acts in Pari Materia
  4. An act in law shall prejudice no man
  5. Addition of words by Court while interpreting
  6. The aid of American Concept of law
  7. Amendment of an Act
  8. Any
  9. As far as possible
  10. As it deemed fit
  11. Beneficial construction
  12. Beyond reasonable doubt
  13. Casus Omissus
  14. Cohabition
  15. Conjugal Right
  16. Consider and Determine
  17. Cruelty
  18. Deeming Provision
  19. Definition Clause
  20. Dictionary Meaning
  21. Discussion in Parliament
  22. Divorce -Cruelty Pleading

Devider

 

 

The West Bengal Housing Industry Regulation Bill 2017

bengalmap

RERA  vs HIRA

The West Bengal Housing Industry Regulation Bill 2017 was passed by the state assembly, on August 16, 2017, although it missed the July 31 deadline by the centre, for adoption of the Real Estate (Regulation and Development) Act (RERA) 2016, in all states.The bill aims to offer consumers protection from building and housing promoters. Once notified by the West Bengal government, all housing projects above 500 sq metres or eight apartments, need to be registered with the state regulator, the Housing Industry Regulatory Authority (HIRA). The bill proposes to bring the HIRA in place, over the next 60 days. The real estate industry body CREDAI Bengal said  as reported that The Real Estate Act came into force on May 1, 2017 and the state government is to notify the rules.


Related Acts:

  1.  West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993.[ To be replaced by West Bengal Housing Industry Regulation Act, 2017]
  2. Consumer Protection Act, 1986
  3. Competition Act, 2002
  4. The Real Estate (Regulation and Development) Act, 2016 (“RERA”)

STATE LAW VS CENTRAL LAW

IF a central  Act  is considered to be a complete code with respect to regulation and development of real estate in India, West Bengal  Act  would be repugnant due to mere existence of RERA.
  1. Hoechst Pharmaceuticals v. State of Bihar, 1983 (4) SCC 45
  2. Offshore Holdings Private Limited v. Bangalore Development Authority, C.A. No. 711 of 2011, decided on January 18, 2011 (Supreme Court)
  3.  M/s Innoventive Industries Limited v. ICICI Bank[SC-decided on August 31, 2017]

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was held to be a complete code in the case of Pegasus Assets Reconstruction Private Limited v. Haryana Concast Limited, C.A. No. 3646 of 2011, decided on December 29, 2015 (Supreme Court);

The Banking Regulation Act, 1949 was held to be a complete code in the case of ICICI Bank Limited v. Official Liquidator of APS Star Industries, AIR 2011 SC 1521;

The Foreigners Act, 1946 was held to be exhaustive in Martinez Montsant Joan v. Union of India, 2009 (5) ALT 120.

M/s Innoventive Industries Limited v. ICICI Bank, (C.A. No. 8337 of 2009, decided on August 31, 2017) (Supreme Court);

Deep Chand v. State of U.P., AIR 1959 SC 648; Ch. Tika Ramji v. The State of Uttar Pradesh, (1956) SCR 393.

Animal Welfare Board of India v. A. Nagaraja, C.A. No. 5387 of 2014, decided on May 7, 2014 (Supreme Court).

State of Orissa v. M. A. Tulloch & Co., (1964) 4 SCR 461.