Interpretation of Statutes at Bangladesh
Interpretation of Statutes in Bangladesh – Overview
The interpretation of statutes in Bangladesh is rooted in common law traditions, primarily inherited from British colonial rule, and guided by both judicial precedent and statutory rules. Courts in Bangladesh interpret statutes to ascertain the intention of the legislature and apply it to real-life legal issues.
Sources of Statutory Interpretation in Bangladesh
The General Clauses Act, 1897
Applies to all Central Acts (pre-1947) and also adopted in Bangladesh post-independence.
Provides definitions, rules of construction, and presumptions that assist in interpreting legislation.
For example, it defines terms like “Government”, “Immovable Property”, etc., and lays down general principles for interpreting gender, number, and tense.
Judicial Precedent
Decisions from the Supreme Court of Bangladesh (both High Court Division and Appellate Division) are binding and often guide statutory interpretation.
Courts follow established doctrines of interpretation to maintain consistency and fairness in law.
Legislation
Specific interpretation clauses are often embedded within individual statutes.
Some laws have their own interpretation sections, overriding general principles when needed.
Principles of Interpretation Used in Bangladesh
Literal Rule
The plain and ordinary meaning of the words is taken unless it leads to absurdity.
Example: If a statute says “shall”, courts will generally interpret it as mandatory.
Golden Rule
If the literal meaning results in absurdity, courts may modify the words slightly to avoid that outcome.
Mischief Rule (Heydon’s Case Rule)
The court looks at the "mischief" or problem the law was intended to remedy and interprets it accordingly.
This approach considers the law before, the defect, and the remedy proposed.
Purposive Interpretation
Focuses on the intended purpose or spirit of the legislation, rather than just the text.
Common in constitutional interpretation or human rights law in Bangladesh.
Harmonious Construction
If two provisions seem to conflict, courts will try to reconcile them rather than strike one down.
Expressio Unius Est Exclusio Alterius
The expression of one thing implies the exclusion of others not mentioned.
Noscitur a Sociis and Ejusdem Generis
Words are interpreted in the context of surrounding words and limited to the same class where applicable.
Application in Bangladeshi Courts
The Supreme Court of Bangladesh often relies on Indian and UK precedents due to shared legal heritage.
In constitutional interpretation, the courts may adopt more liberal or purposive interpretations to protect fundamental rights.
Interpretation often varies between civil, criminal, and administrative laws, with criminal laws usually construed strictly in favor of the accused.
Important Case References
(Some examples – can provide more details if needed)
Anwar Hossain Chowdhury v. Bangladesh (8 BLD [AD] 1989) – Constitutional interpretation and basic structure doctrine.
Secretary, Ministry of Finance v. Masdar Hossain (52 DLR [AD] 2000) – Interpreting judicial independence provisions.
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