Strict Interpretation of Penal Statutes

Q. What do you understand by the strict construction of penal statutes? Explain with the help of decided cases. [20 marks - 2017]

Q. What are the Strict Construction and Penal Construction of a Statute? [4 marks - 2018]

Q. Explain and illustrate the rules which the courts apply in interpreting the penal statutes. [20 marks - 2020]

Q. "Penal statutes are to be interpreted strictly". Explain. [ 20 marks - 2021]

Q. What do you understand by strict construction of penal statutes? Explain with the help of leading cases. [20 marks - 2022]

Q. Is a penal statute capable of wide interpretation? If so in what circumstances? [20 marks - 2023]

Strict Interpretation

Strict Interpretation imposes restrictions on the court to apply the text of the stututes as it is written. If the language is unambiguous, a judge must apply the plain meaning of the language and cannot consider other evidence that would change the meaning.

Constructions may be applied only when there is absurdity/ambiguity in the test. A provision is said to be strictly interpreted when the language of the text is unambiguous and given in its exact and technical meaning no other equitable considerations or reasonable implications can be made.

Penal Statute

The statutes which impose penal liabilities on a convicted person is said to be a penal statute. Essential ingredient for penal statute is punishing certain acts or wrongs. These statutes defines a criminal offense and prescribes its corresponding penalty (fine, or imprisonment).

Strict Interpretation of Penal Statutes

As a general rule, strict construction must be applied to criminal statutes. This means that a criminal statute may not be enlarged by implication or intent beyond the fair meaning of the language used or the meaning that is reasonably justified by its terms. 

The strict construction of criminal statutes complements the rule of lenity, which holds that ambiguity in a criminal statute should be resolved in favor of the defendant.

According to Lord Esher, if two possible constructions can be put upon a penal provision, the court must lean towards that construction which exempts the subject from the penalty rather than the one which imposes penalty. 

In the Commissioner of Customs (Import), Mumbai v. M/s Dilip Kumar and Company & Ors., 2018, the SC held that “The penal statute which tends to deprive a person of right to life and liberty has to be given strict interpretation or else many innocent might become victims of discretionary decision making.” 

In Motibai v/s R. Prasad (1970), it was stated that Court should not try to add new words on its own, while interpreting a Penal statute. Courts are required to do Grammatical Interpretation of Penal Statutes.