EXCEPTIONS

It is an act of excepting or excluding from a number designated or from a

description,it is that which is excepted or separated from others in a general rule
of description.An exception operates to take something out of the thing granted
which would otherwise pass or be included.
Exception are generally added to an enactment with the purpose of exempting
something which would otherwise fall within the ambit of the main provision.
In case of repugnancy(inconsistency or incompatibility of statements) between
exception and the main enactment the latter must be relied upon.However in
many cases exceptions are relied being the last intention of the legislature.
In case of C.A Rajendran v/s Union of India it was held that an exception clause
and is not an independent provision and it has to be strictly construed.
For ex-Section 300 of IPC has five exceptions attached to it.
There are ten exceptions added to section 499 of IPC which defines
defamation.These ten exceptions are cases which does not amount to
defamation.
PROVISOS
The main and proper function of a proviso is to except and to deal with a case
which would otherwise fall within the general language of the main enactment
and its effect confined to that case.
In State of Punjab v/s Kailash Nath the court held that proviso had to be read as
exception to the main provision meaning that if the judicial proceeding is not
instituted within the period mentioned in the proviso then the government will
have no right to withhold or withdraw the pension and that proviso does not
provide a general embargo on the prosecution of the officer after the expiry of
that period.
The proviso to a section has the natural presumption that enacting part of the
section would have included the subject matter of the proviso.
The proviso serves four different purposes;
Qualify or exempt certain provision,
Provide mandatory condition to be fulfilled to make enactment workable,
Act as optional addenda,
Become integral part of the enactment.
The rule of interpretation of proviso is that it can neither nullify the implication
of main enactment nor can enlarge the scope of the main enactment and can
only be referred in case of ambiguity in the section.
In case of conflict between the main enactment and the proviso,it must be
harmoniously construct and in the view of many jurists provisos will prevail as
it is the last intention of the legislature.
SAVING CLAUSES
Saving clause are generally appended in cases of repeal and reenactment of a
new statute.It is inserted in the repealing statute.
By doing this the rights already created under repealed enactment are not
disturbed nor are the new rights created by it.In case of the statute and the
saving clause,the saving clause will be rejected.
A saving clause is an exception of a special thing out of general things
mentioned in a statute.
In Tahsildar Singh v/s State of U.P the court held that the true principle is the
sound interpretation and meaning of the statute,on a view of the enacting
clause,saving clause and proviso taken and construed together is to prevail.
EXPLANATIONS
An explanation is at times appended to a section to explain the meaning of
words contained in the section.It becomes part and parcel of the enactment.
An explanation normally should be so read as to harmonise with and clear up
any ambiguity in the main section and should not be construed as to widen the
ambit of the section.
Explanations are inserted with the purpose of explaining the meaning of a
particular provision and to remove the doubts which might creep up if the
explanation has not been inserted.The main purpose of inserting the explanation
is to provide an additional support to the dominant object of the act in order to
make it meaningful and purposeful.
In Bengal immunity co v/s State of Bihar the court observed that an explanation
is a part of the section to which it is appended and the whole lot should be read
together to know the true meaning of the provision.
When a section contains a number of clauses and there is an explanation at the
end of the section it should be seen as to which clause it applies and the
clarification contained in applied to that clause.
Explanation cannot do;
It cannot change the enactment or any part of it,
It cannot take away a statutory right vested in a person by the statute,
It cannot set at naught(nothing) the working of the act by becoming an obstacle
in interpretation.
INTERPRETATION/DEFINITION CLAUSES
It is common to find in statutes “definitions” of certain words and expressions
used elsewhere in the body of the statute.
The object of such a definition is to avoid the necessity of frequent repetitions in
describing all the subject matter to which the word or expression so defined is
intended to apply
A definition section may borrow definitions from an earlier act and definitions
so borrowed need to be found in the definition section but in some other
provisions of the earlier act.
The definition of a word in the definition section may either be restrictive or of
its ordinary meaning or extensive of the same.When a word is defined to mean a
thing the word include such and such the definition is extensive.
A definition may be both inclusive and exclusive that is it may include certain
things and exclude others.A definition is not to be read in isolation but read in
the context of the phrase which it defines,realising that the function of a
definition is to give precision and certainly to a word of phrase which would
otherwise be vague and uncertain but not to contradict.
In State of Maharashtra v/s Labour Law Practitioner’s association that the court
held that the inclusive definition of district judge in article 236(a) of the
Constitution has been very widely construed to include hierarchy of specialized
civil courts that is labour courts and industrial courts which are not expressly
included in the definition.

SECTIONS AND SUBSECTIONS

In interpretation of statute a section is a main division of a law and a sub section
is a further division within a section and they are often denoted by numbers
such as section 10,section 20.
A section is a distinct and a numbered division of a legal document or statute
that deals with a specific topic or a concept.
Sub sections provide more specific details or the sub provisions related to the
main topic which has been covered by the section.
In Krishnaih v/s state of Andhra Pradesh the court held that the headings of the
sections cannot control the plain meaning or words of the provisions.
Sections and subsections are distinct parts of a body of material,such as a
document or law,that are often organized by topic.Sections and subsections can
be one or more paragraphs long and they can help the readers understand the
material and navigate the document.
In a document sections are often used for a specific purpose or type of
information.Sections can also be used to define specific rules,requirements,or
exceptions within a broader context.
Section is the main context and sub section is used when there are provisions
related to the main section.If its not related then we use directly clause instead
of subsection.

NON OBSTANTE CLAUSE

A non obstante clause is a provision in a statute that makes it independent of
any conflicting provisions within the same law.
The clause is derived from a latin phrase in which the meaning of non obstante
clause is notwithstanding
It is used to ensure that a specific provision takes precedence over other clauses
A non obstante clause is usually added to a section of the statute and states that
the subsequent provision will have its full effect or that the clause’s provision
wont hinder the functioning of the section it appears in.
The clause can supersede other provisions whenever necessary as determined by
the law makers.