Interpretation of Statutes | Part 3 | Mr. E.V.Chandru, Advocate, Madras High Court

Added: 2026-05-25

[00:00:02]Juvenile justice law Care and love has got a connection. Law and protection has got a connection.

[00:00:18]Working women protection of working women in the workplace.

[00:00:23]Women domestic place that by the protection of women from domestic violence in the water domestic now I will show them a lottery in the domestic manner.

[00:00:38]Lordship order judgment or a young a judgment of the day.

[00:00:48]You have not read the judgment. Really?

[00:00:51]And the judgment law Lordship in the other than the young at you and the young at you which is the biological love relationship matter.

[00:01:02]Really learn the back and all number and the young a or protect from the matter 30 but that man is carrying that. This is one thing.

[00:01:08]Second is this word protection, right? This word protection will always have a legal basis on that.

[00:01:16]Domestic violence at the each word is pregnant and so no people in the court in the two mission that domestic violence at the civil case.

[00:01:26]Criminal case and if not only high court level transfer CMP 40 a file plan.

[00:01:33]Judge and the question get on the inner question get on the inner 407 level or my inner inner 24 CPC on the inner inner and get on the get the maintainability for the have argued for two hours in that and it is waiting for orders.

[00:01:45]Once again, interpretation of statute matters.

[00:01:49]See in the domestic violence at the inner inner and get on the inner inner and get on the the protection of women from domestic violence in the word used is violence v i o l e n c e. Word used is not crime.

[00:02:05]Okay.

[00:02:13]It focuses, it projects, it says that lady is an aggrieved person. She's not a complainant.

[00:02:22]I'm going to file from there. Process better complaint title. In the path in that she files an application under section 12. And respondent in the role of the India. I would have used and better career in the area. Yeah. Yeah.

[00:02:35]Yeah. Yeah. Yeah. Yeah. Yeah.

[00:02:40]Disobedience of order and all that kind of that. That person respondent will be called as an accused. So, interpretation of statute means if a statute has to be interpreted then from the very beginning of the board and all that.

[00:02:57]Chapters of Pakistan. Say people to queue at the moment section two queue at the path that respondent yard in the adult male member that respondent in order. Pretty wedding. Now someone acted better in the door protection of women from domestic violence and so on. Yeah.

[00:03:15]Sorry. Animals are classified by someone. Yeah. Large people are judged by someone. Yeah. Yeah. Yeah. Yeah.

[00:03:20]Yeah. Yeah. Yeah. Yeah. Yeah. Yeah.

[00:03:21]Yeah.

[00:03:22]wild night duty What are you doing?

[00:03:27]I don't want to go to the other room.

[00:03:31]They're talking about domestic violence.

[00:03:33]Who is that man?

[00:03:36]I don't have to get it at all. Someone in the water get it from the bottom of the yard. wild night duty number And the lady that they are agreed person that they are you.

[00:03:48]Number target of the model for a natural and You know what I mean?

[00:03:54]and ferae naturae and ferae ferae naturae and then mansuetae naturae ferae naturae ferae na by nature ferocious mansuetae naturae na by nature domestic mansuetae naturae means by nature domestic ferae ferocious nature ferae naturae that is by nature violent mansha respondent male than law la respondent adult male na iruku number yellorum innum appadiye sandai pottu irukku adult male na athu correct-ah interpretation of statute question before the Supreme Court is whether the word used in section 2 Q that the respondent shall be an adult male person appadi na act-a padinga protection of women from domestic violence or domestic house kulla yar yar iruppa adult male mattum than iruppana 17 years paiyan iruppan 16 years paiyan avan poi adippan avan thooki ellathaiyum veliya poduvan avan veetai poi pootitu poyite iruppan okay vera yar yar iruppa yellarum iruppanga ulla appa intha vishayam Supreme Court-ku poguthu Hiral P Harshora arumeana judgement just I will come to that judgement please write that Hiral P Harshora versus Kusum Narottamdas Harsora 6/10/2016 Supreme Court Supreme Court is relying on Sandhya Manoj Wankhede Sandhya Manoj Wankhede w a n k h a d e Wankhede versus Manoj Bhimrao Wankhede Sandhya Manoj Wankhede versus Manoj Bhimrao Wankhede 31 11/2011 Supreme Court relies on the judgement and says rules of statutes Supreme Court to queue la Prathibha Dena adult male person or what that I get up in the water and get into dinner other than the woman we take over I'm going to go into water and get into my salad and get my water and get my I'm going to go into water and get my salad and get see act came up in the path of aim scope and objective of the act that the particular act of the pair of background sections of background will let me know that you put it to work with all of that you put it to work with all of that joint family member and put it to work with all of and all of that you joint family member family member Lordship in the Supreme Court and all of Supreme Court and all of that you put it Supreme Court and all of that you put it Supreme Court and all of that you put it to work with all of that you put it to work Supreme Court and all of that you put it to work with all Supreme Court Supreme Court and all of that you put it to work with all of that you put it to work with all of that you put it to work with all of that Supreme Court Supreme Court and all of that you put it to work with all of that you put it to work with all of that you put it to work with all Supreme Court doctrine of severance Supreme Court and all of that you put it to work with all of that Supreme Court we need not read down it or do anything unconstitutional and all of that you put it to work with Supreme Court harmonious construction purposeful construction doctrine of severance He severed the head.

[00:08:13]Now the court says Everything else is very fine. If this is severed and removed then it gives the real purpose purposeful or harmonious construction.

[00:08:23]You understand my dear?

[00:08:25]Yes.

[00:08:29]domestic violence act play beautiful article domestic violence act statute Indira Sharma versus VKV Sharma beautifully written judgment Indira Sharma versus VKV Sharma Justice Radhakrishnan judgment Supreme Court of division bench live-in relationship domestic violence act article Okay.

[00:08:55]live-in relationship two unmarried adult uh Keep interpretation of statute mind. I said each word is pregnant. We were all when we read something like this we feel happy. live-in relationship Justice Radhakrishnan Supreme Court judgment live-in relationship in the nature of marriage See, one word got everything.

[00:09:41]My Lord says, this is the country which is governed by monogamy.

[00:09:47]In this country, after 1955 Hindu Marriage Act, monogamy is the rule. What is monogamy?

[00:09:54]Uh Right?

[00:09:59]In the divine relationship one of the best class one of the living relationship that is a suffix added to that in the nature of marriage. That is Chandru is married, for example.

[00:10:14]With one Chandrika.

[00:10:16]Good job. Now, Chandru has got another one or one lady or a or neighboring lady. Okay, let's say Lifebuoy or whatever it is.

[00:10:35]Lordship in the living relationship should be in the nature of marriage in the world what it is.

[00:10:41]See how marriage See how they are interpreting a word.

[00:10:46]What is the essential of a marriage?

[00:10:57]What is an essential qualification for a marriage?

[00:11:01]Age, what else?

[00:11:05]Radhakrishnan Lordship one name is Chandru. Marriage qualification, you should not have been married.

[00:11:10]You should not have a spouse living or you should have divorced.

[00:11:15]This is the essential qualification of marriage.

[00:11:19]If this essential qualification of marriage has to be read like this, living relationship in the nature of marriage living relationship in the other one all of them.

[00:11:35]>> You understand?

[00:11:36]The whole dilemma of what is living relationship, whether we are licensed to live with any other woman means my lords have interpreted this one word and said that the word used by the parliament has to be read with a monogamous attitude because Hindu marriage act is in existence. This act will not override that.

[00:11:58]And the monogamy in the nature of marriage not minus marriage but for solemnization, the every other qualification of a marriage is essential to have a living relationship. If uh And the guy in the room Uh Chandrika that one that Yeah.

[00:12:39]Excellent, my dear. You will not get that.

[00:12:42]Rexona Rexona innocent Rexona and Chandru Chandru and Rexona can relationship living living relationship in the nature of marriage she is entitled for all the benefits under the act.

[00:13:07]You understand, my dear? Only this much.

[00:13:09]You need not confuse yourself.

[00:13:12]From the aspect of the lady who is in a living relationship, she should think that she is living with this man as his wife.

[00:13:24]You will know that Indira Sharma versus V. K. V. Sharma in the word interpretation either way V Sharma. Like in the word interpretation in the nature of marriage marriage or qualification you are unqualified for marriage.

[00:13:41]Unqualified for marriage and you are unqualified for all of that super Chandra or lady the room cause of financial and the Bombay abuse contract and the Bombay get sexual relationship contract and the Bombay total Chandra get Kalyan and I eat it in the lady court love to get Kalamar I don't know I don't know what you're saying in the nature of marriage and record and all that in the lady minus marriage and she should live with him like a wife.

[00:14:17]You understand my dear?

[00:14:19]See in the nature of live-in relationship in the nature of marriage we do we do sex I will sex even now they keep when they re claim law says no. What is the judgement? It is Velusamy versus Pachaiammal.

[00:14:43]versus Pachaiammal No, no, sir.

[00:14:47]qualify on living relationship in the nature of marriage and the domestic violence she will be eligible. Okay. Say you know what you want domestic purpose you are harmonious construction with domestic violence right now magistrate residence is residence Now I domestic one day magistrate when you are when you when you order residence magistrate residence domestic violence police police and order police order residence What is the name of the order?

[00:15:55]I've got the order to take him in the order order to reside.

[00:15:59]This magistrate writes an order. This is an ordering for her to reside in the house and not to wait in the platform.

[00:16:09]magistrate high court magistrate magistrate judgement versus Rani 25/3/2008 purposive construction purposive Is it an order to reside inside? order obviously to reside inside So, this is how you should argue in the court also.

[00:16:50]construction Babu Venkatesh Rani to money domestic violence magistrate probably We foresee like that. We imagine order order You have a beautiful Okay. Now, we will come to may the city.

[00:17:20]Now someone or not this junction someone. And now conjunction someone.

[00:17:26]Or and I particularly and or particularly more.

[00:17:29]Sorry. And all famous case law now I'm going to wish you someone case law or and wish you someone or I do what I do case law or if you may I do case law and I do and I do or I think you are going to on the foundational case law so pretty for example for section 27 evidence act.

[00:17:47]I do what I do what I do what I do what I do and then I do what I do what dying declaration but I cannot understand it but I cannot do it.

[00:17:53]See if you know logic judgment I can do it.

[00:17:56]I know you can do it or judgment on the judgment and I know I don't want to handicap logic covid time reverse button approve but I can do it but I can do Will maintain versus DPP 23 5 1935.

[00:18:09]On 23 5 1935 Will maintain versus DPP.

[00:18:15]I don't wish you the case law murder case I don't know what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I Now I will give you what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I don't know criminal code of judgment I can do better or what I do what I do what I do what Prosecution has proved the case.

[00:18:39]I am asking you one simple question whether in CRPC IPC evidence act or any rules whether this word beyond reasonable doubt he is presumed to be innocent in the criminal law and I can do what I do what I do what I do what I do what I do what Prosecution should prove the case beyond reasonable doubt and I can do what I do what I do what I do what I do what I do what I do what I do what I do what In the consolidation of these two doctrines was the question before the House of Lords in Will maintain and I can do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what I do what in the accused Yeah.

[00:19:51]Okay.

[00:20:04]reasonable doubt Is there a concept called as residual doubt?

[00:20:14]I will tell the judgment.

[00:20:21]Ashok Debbarma Debbarma is a tribe.

[00:20:26]d e b a r m a Debbarma Ashok Debbarma alias Sachak Supreme Court has invoked this concept called as residual doubt. Okay.

[00:20:39]Two different stages of criminal cases there.

[00:20:43]Two phase One conviction phase and another sentencing phase. Conviction to number get any better incriminating materials exculminating materials extenuating materials convict by the number now I could burn them or not put them or put them or put them or put them or put them.

[00:21:05]I can never put them or never put them or never put them conviction phase sentencing phase and never put them.

[00:21:38]>> Manoj versus state of MP 2022 judgement.

[00:21:43]Supreme Court Manoj versus state of MP 2022 it speaks excellently about what is a sentencing phase, what are the duties of the public prosecutor, state, defense lawyer, aggravating circumstances in case like aggravating circumstances in number See simple Jayalalithaa case in the number conviction phase.

[00:22:24]I don't remember the period sentencing phase of the number. You got to put them start up at all the number and I will get you in the number nine will get you in the number nine will get you in the number nine.

[00:22:38]For example if I don't want to murder trial like you still okay. Judge took the number nine will get you in the number nine will get you in the number nine will get you in the number in the number nine will get you in the number in the number life in the number When the judge wants to impose the maximum punishment then only the question of sentencing comes in the number nine will get you in the number nine will get you in the number nine will get you in the incriminating circumstances or extenuating for aggravating circumstances now in the which are mitigating circumstances Okay.

[00:23:31]You know what I mean? You know you know what I mean? You know what I mean? You know what I mean?

[00:23:36]Yeah. Ramji Misra versus state of Bihar 1962 Supreme Court Ramji Misra m i s s a r Ramji Misra versus state of Bihar 1962 Johnny versus state of UP Johnny versus state of UP I think it is some 2000 I do lucken ball alias lucken Singh versus state of MP 2019 Supreme Court.

[00:24:12]interpretation of statute of the mean Right.

[00:24:18]sentencing phase mean over over criminal practice judge I am see you please show mercy under the probation of act and take note.

[00:24:30]Right. probation of offenders act section 19 What do you want to do?

[00:24:46]life imprisonment woman related offense or not offense against state in the in the forest act economic offenses can be done for the case >> I release you on your good If I enter Four judges. Ramji versus state of law question.

[00:25:29]Probation of Probation of offenders act.

[00:25:50]You know what you're always going to be benefit You know what you're always At the time of committing the offense.

[00:26:04]Offense Chandra He's an assailant.

[00:26:20]Chandra accused.

[00:26:28]In the papa station to play complain with the guy. She becomes an informant.

[00:26:32]Chandra becomes a Chandra becomes a Court says Chandra has committed the offense.

[00:26:38]Chandra is a offender. In the water Ramji versus state of Bihar law Supreme Court law law Probation of offenders act means he the benefit should be given to the offender when he becomes an offender.

[00:27:00]When we proclaim him as a offender.

[00:27:03]telling things like a wine.

[00:27:14]up to say him but I would have 21 years old at the time I would have the benefit of doing so at the Supreme Court so act up in here. It is not probation of accused act.

[00:27:25]It is probation of up on the date of judgement when the court says you are the offender he should be 21. He is there is an injunction that he should not be sentenced to to jail immediately.

[00:27:44]None probation of offenders act Ram Jim is a says it is not probation of accused act.

[00:27:59]I play in here and what shift I don't know just to say that I want to be in a Arnett does was a state of Bihar 2001.

[00:28:07]Arnett does was a state of Bihar 2000 2001 in the Supreme Court general justice act with a benefit you have to put them in a little question with them.

[00:28:19]See I'm concluding probation of offenders Bob Gautam and alias Babu versus the chief secretary 2014 Madras High Court five judges Gautam and alias Babu versus the chief secretary second respondent on the superintendent of police Coimbatore five judges Madras High Court Question is regarding Borstal School Act.

[00:28:53]Probation of Offenders Act All even every district judge is doing the mistake of invoking section 360 of CRPC Probation of Offenders Act section 19 says whenever a special act comes into force in a state, general act general law non derogating Yeah.

[00:29:37]special law special law when there is a general law criminal In the context law special law general law general law prevail law judgement occur State of UP versus Aman Mittal It is 2019 State of UP versus Aman Mittal A M M A N M I T T A L I am now telling I told you section 4 and 5 of CRPC has to be read religiously. What is section 4 and what is section 5?

[00:30:13]section 4 5 in the Section 4 simply talking to put it very succinctly 4 says CRPC will be the procedure law for IPC.

[00:30:24]5 says special law if there is a special provision under the special law then that special law will prevail. However, if there is no exclusion, then general law also will prevail.

[00:30:34]Yeah.

[00:30:42]>> I can see you. IPC and CRPC section 29 or 27?

[00:30:47]29 or 27? Juvenile Justice Act is CRPC.

[00:30:52]27.

[00:30:54]Who do so folks on the beat the maruma the mother?

[00:30:58]Who do so what what what particular field of rule or act in a general should give way when you die? Say a pass special will prevail over general law is a general law. I don't know what judgment is on the Amon Metal. State of UP versus Amon Metal 2019 in the inner.

[00:31:13]Weights and measure but the offense weights and measure. But I got to learn how to get the column in the law.

[00:31:20]Weight come here and I had a little magnet to do with the law IPC in the provision section.

[00:31:27]Two.

[00:31:28]84 something in the end of the law okay if I end the war or act in the city.

[00:31:33]The Legal Metrology Act in the war act with the Legal Metrology Act.

[00:31:38]And the act section three solo.

[00:31:43]We are wasting specifically IPC and CRPC.

[00:31:47]In the maruma everybody.

[00:31:49]Who do maruma in the sea war now? Mommy I could have done one operation in the war maruma or a war in the sea war.

[00:31:56]Exclusion class.

[00:31:58]No main entrance maruma in the entrance or a war in the law.

[00:32:01]Go to the war in the war in the war exclusion class. Right. It's arrogant doctor in the money Legal Metrology Act in the sea war in the section three solo I am wasting specifically IPC and CRPC out.

[00:32:15]Who do some petrol bank law?

[00:32:17]Petrol in the war in the law. Who do war in the little Amon Amon milli in the maruma or a war in the sea war in the sea war.

[00:32:23]Police can do war in the sea war Amon Metal of facts case for Amon war. 468 471 34 120 in the war in the sea war in the war in the sea war. In the inner in the war in the sea war in the war in the sea war in the sea war in the war in the sea war in the law.

[00:32:39]>> Uh 265 IPC, right uh?

[00:32:46]In the special act in here, they put a medium legal metrology act in the You have 468, 471, 34 Now the Supreme Court says, even though specific act comes in, even though there is a rooster, then legislature cannot expect something like that.

[00:33:27]IPC the weight and measure when the 265, 270 If you got IPC, CRPC in the other in regard to that weights and measure provision So that is regarding rooster class.