INTERPRETATION OF PENAL STATUTES|STRICT CONSTRUCTION OF PENAL STATUTES IN TAMIL|WITH CASE LAW

INTERPRETATION OF PENAL STATUTES|STRICT CONSTRUCTION OF PENAL STATUTES IN TAMIL|WITH CASE LAW

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Kinds of statute
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M.V. Joshi v M.U.Shimpi 

• The appellant was found guilty under section 16 of the Prevention of Food Adulteration Act 1954 for the sale of adulterated butter.
• The appellant argued that the product sold did not fall under the definition of butter as per the rules established under the Act, as butter is defined as a product made from milk, whereas the appellant had sold butter made from curd.
• Additionally, the appellant contended that as the Act is a penal statute, the term butter must be strictly interpreted in favor of the accused.

Chinnubhai v. State of Bombay

• several workers in a factory died by inhailing poisonous gas when they entered into a pit in the factory premises the stop leakage of poisonous gas from a machine there. The Inspector of Factory on inspection did find beating and revising apparatus, belts and ropes int factory in violation of Section 4 of the Factories Act.
• The question was whether employer violated Section 3 of the Act which says that no person in any factory shall be permitted to enter any confined space in which dangerous fumes ar likely to be present. The Supreme Court, while holding that the nature of the enactment being penal had to be strictly construed, held that Section 3 does not impose an absolute duty on the employer to prevent entry of persons in an area where dangerous fumes are likely to exist.
• The mere fact that some workes went inside the pit does not prove that they were permitted by the employer to enter.
• The prosecution must prove that first before any defence was called for Sinor the prosecution failed in its duty, the employer could not be convicted


• Sarjoo Prasad v. State of Uttar Pradesh

• The appellant who was an employee in a shop was convicted under the Prevention of Food Adulteration Act, 1954 for having sold adulterated food.
• He argued that since he did not know that the food sold by him was adulterated, he could not be convicted under Section 16 of the Act because the enactment being a penal statute had to be strictly interpreted. Section 16 which penalises selling of adulterated food

and Section 19 which says that absence of a guilty knowledge is not a plea and hence he was convicted





State of Kerala v Mathai Verghese

• The Supreme Under Court observed that an analysis of Section 489A) Indian Penal Code reveals that the legislative embargo against counterfeiting envelops and takes within its seep 'currency notes' of all countries.
• The embargo is not restricted to 'Indian' currency notes. The legislature could have, but has not, employed the expression 'Indian currency note'.
• If the legislative intent was to restrict the parameters of prohibition to Indian currency only, the legislature could have said so unhesitatingly The expression 'currency note' is large enough in its amplitude to cover the currency notes of any country.