Published on: 09 October 2022 at 18:51 IST
Court – Supreme Court of India
Citation – State of U.P. v. Babu Ram Upadhya AIR 1961 SC 751
Hon’ble Supreme Court of India has held that “shall” has mandatory connotation however the Court may ascertain the real intention of the legislature. It is held that the real intention of the Legislature must consider the nature and the design of the statute, and the consequences which would follow from construing it the one way or the other, the impact of other provisions.
Para – 29
The relevant rules of interpretation may be briefly stated thus: When a statute uses the word “shall”, prima facie, it is mandatory, but the Court may ascertain the real intention of the legislature by carefully attending to the whole scope of the statute.
For ascertaining the real intention of the Legislature the Court may consider, inter alia, the nature and the design of the statute, and the consequences which would follow from construing it the one way or the other.
The impact of other provisions whereby the necessity of complying with the provisions in question is avoided, the circumstance, namely, that the statute provides for a contingency of the non-compliance with the provisions, the fact that the non-compliance with the provisions is or is not visited by some penalty, the serious or trivial consequences that flow therefrom, and, above all, whether the object of the legislation will be defeated or furthered.
Drafted by – Abhijit Mishra
Key Words – Circumstantial Evidence, Legislature, Intention, Motive.