“Mischief” Rule of Interpretation: Beginning of a New Jurisprudence

Abstract

Interpretation of statute is an integral part of the ever evolving legal jurisprudence. Purposive interpretation or the Mischief rule of interpretation of statute has always been a tricky one and more often than not has proved to be quite a challenge to apply. This project aims to understand the applicability of the mischief rule of interpretation and its extent. After understanding the applicability and extent of mischief rule the author will further deal with the interpretation of the word "wife" by the Indian Judiciary in connection with section 498A of Indian Penal Code and section 125 of CrPC with relevant case laws. I. INTRODUCTION Interpretation in its most general sense can be understood as synonymous with explanation. That being said one has to understand why interpretation is necessary in the legal realm and the legal meaning attached to the word "interpretation". It is to note that irrespective of the fact that the law can be codified or un-codified, the intention behind interpretation of such law remains the same that is to bring uniformity and the responsibility of doing so falls to the judiciary. Application of judicial mind is of utmost importance in this regard but then again question of to what extent such application of judicial mind is desirable or permissible needs to be scrutinized carefully. Answering the second question of what is the legal meaning attached to the word "interpretation", it is to assert that there isn't a single exhaustive definition which will truly encompass the true essence of interpretation in the legal realm. Renowned Jurist Salmond aptly said that: "by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed."2 This definition by Salmond 1 Author is an Advocate at Delhi High Court, India. 2Mayank Shekhar, Introduction, Meaning and Nature of Interpretation, Legal Bites (16th November, 2020, 5:00 2020. International Journal of Integrated Law Review