→ Here, mainly punctuation are put in the form of Colon, semicolon, comma, full stop, dash, a hyphen, brackets etc way. All these marks are known as Punctuation Marks.
In earlier times statutes are passed without punctuations marks. Hence, the courts were not concerned with looking at punctuations but in modern times statutes are passed with punctuations.
• The main rule of interpretation is that while interpreting the provision in punctual form, So the court feels that the conflict or ambiguity is that the court will read the entire provision without any punctuation and if the meaning is clear then interpret it without any significance.
→ In ancient times, the courts were not concerned with looking at punctuation because that times statute were passed without punctuation and they passed naturally.
• So Here, When a matter comes before the courts then there is a need for the interpretation then firstly court look at the provision as they are punctuated but courts feel that there is no ambiguity and no conflict at the time of interpreting the punctuated provision, they shall interpret the provision.
Another aspect is that when the court interpreted the provision in the punctuated form then the repugnancy or ambiguity in this interpretation then the court shall read the whole provision without any punctuation. after that, the meaning of the provision is clear without attaching any importance whatsoever to the punctuation.
“The system of the using certain conventional marks as periods in writing or printing is the Punctuation Marks.”
- Full Stop
→ The main advantage of the punctuation marks is that language needs no description. If there the punctuation marks are ignored then there is no meaning of the language. Another thing is that if the placement of the punctuation marks is changed then the meaning is also changed.
- For example, the expression “Work, not rest” gives out a meaning opposite placement of a comma.
Punctuation marks are very important for the language. Hence, the punctuation marks give light to the correct intended meaning of the provision.
↔ Mainly Legislature used the punctuation marks very carefully while construing the provision so that the court easily interpreted the main intention of the provision.
→ Punctuation Marks is the art of dividing sentences by point or mark. In a short way, ‘Punctuation’ means to make points with usual stops.
∴ A minor element in the construction of statutes is Punctuation. English Court pays little or no attention to punctuation when interpreting the statutes. But, This is not the same as the Indian Court’s use of punctuation while interpreting the statutes.
Dadaji v. Sukhdeobabu
This Supreme court of India says that
itself does not control
the meaning of the law where its meaning is clear.’
English case of R.C. v. Hinchy
In this case, the court says that,
It is very doubtful
punctuation can be seen
Bihar SEE v. Pulak Enterprises
In this case, the court says that
the punctuation was a small element
↓in the interpretation of the law
especially in the case of secondary law.
In Mohammad Shabbir v. the State of Maharashtra
- This case questioned the Interpretation of Section 27 of the Drugs and Cosmetics Act, 1940
- Section 27 of this act says that if drugs manufacture for sale, sold, stocks or exhibits for sale or distribute without the licenses then this person would be liable for the punishments.
- The apex court said it was not a crime to stock up on drugs alone and it was a crime only when the stock was for sale.
- In the provision, there is no comma after the word ‘stock’ that the words ‘stocks or exhibits are both used by the words ‘for sale’.
USE OF PUNCTUATION MARKS
→Mainly Punctuation Marks are used for resolving the ambiguity which arises at the time of the interpretation of the statutes.
→Another thing is that punctuation marks help to interpret the statues.
→ In a short way, the Punctuation mark help to solve the ambiguity which arises.
→ Also stated to the main intention of the legislature for particular provision, for that Punctuation marks used.
Limitations of Punctuation Marks
Some jurists have opined that punctuation marks are of no use as internal aids to construction and it is an error to rely on punctuation marks in construing the Acts of Legislature.
The presence of comma or absence of comma must be disregarded if it is contrary to the plain intention of the statute.
Punctuation marks is that which is the art of dividing sentences by point or mark. In a short way, ‘Punctuation’ means to make points with usual stops.
With help of the Punctuation Mark court leads the main intend of the legislature for a particular provision and also resolve the ambiguity while interpreting the provision.
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