Meaning
In Latin, In Bonam Partem means "in the good sense" or "in a favorable manner.". The rule of Bonam Partem assumes that the Legislature, being a body of law and order, intended to address or protect legal conduct. If a statute mentions a general term (like "possession," "contract," or "husband"), it is presumed to mean a legally valid version of that term.
Presumption of Legality: The law does not intend to recognize or reward a person’s own wrong (Nullus commodum capere potest de injuria sua propria).
Application: It is used to narrow the scope of a word so that it does not accidentally give legal standing to an illegal act.
Examples
To understand this "construction in a good sense," consider how courts apply it to everyday legal terms:
Possession: If a statute provides certain rights to a person in "possession" of property, the court will interpret this as lawful possession. A trespasser cannot claim those rights by simply occupying the land.
Children: In older statutes, the word "children" was often interpreted in bonam partem to mean legitimate children only, unless the Act specifically included those born out of wedlock.
Contracts: If a law refers to an "agreement" or "contract," it refers to a legally enforceable contract, not a gambling bet or an agreement to commit a crime.
Case Reference: R. v. Hulme (1870)
In this classic English case, the court dealt with a statute that provided immunity to witnesses who made a "true disclosure." The court had to decide if "disclosure" included a confession of a crime.
The court applied the principle that words should generally be taken in their lawful sense. It held that when the legislature speaks of a "disclosure," it means a disclosure made in accordance with the law and the duties of a witness, rather than a mere admission of guilt for a "bad" purpose.
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