cpc

social justice

practicing advocate

  Interpretation of the provision-Purposive interpretation needs to be given to the provisions of sec.125, Cr.P.C. -Purpose is to achieve social justice which is the constititutional vision, enshrined in the preamble of the constitution of India.  It is the bounded duty of the court to advance the cause of the social justice.  While giving interpretation to a particular provision, the court is supposed to bridge the gap between the law and society.  In both constitutional and statutory interpretation, the court is supposed to exercise direction in the proper relationship between the subjective and objective purpose of the law.  Thus, while interpreting a statute the court may not only take into considertation the purpose for which the statute was enacted, but al the mischief it seeks to suppress.  The court would also invoke the legal maxim construction ul res magis valeat guam pereat, in such cases i.e., where alternative constructions are possible the court must give effect that which will be responsible for the smooth working of the system for which the statute has been enacted rather than one which will put a road block in its way.  If the choice is between two interpretations,k the narrower of which would fail to achieve the manifest purpose of the legislation should be avoided.

reported in KCCR 2014 SN page No: 85

 
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