How to read Bare Acts effectively (LITIGATION BASICS 4)

Reading and understanding the law is an important work of lawyer. Bare Act is primary source of reading. Bare Act is plain text of Act enacted by legislation. For Proper understanding of law, Bare Acts should be read with commentaries and Judgments. Reading of Bare Acts is difficult task compare to reading of commentaries because of statutory language used in the Bare Act is always complex and technical. Sometimes Bare Act reading seems boring. The Law Students and Junior Lawyers at the beginning faces issue with reading and understanding the Bare Acts. The Bare Acts has no alternative option and law practitioner must develop skill of reading and understanding law from Bare Acts.

(A) UNDERSTANDING THE TYPES OF LAW

Before starting discusion on how to read Bare Acts, first we need to understand different types of laws. Reading and understanding of procedural laws and substantive laws require different strategy.

(1) Procedural laws –

The procedural law deals with procedure to be followed by courts and different statutory authorities. The Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC) are procedural laws. CPC deals with procedure of Civil Court and CrPC deals with procedure of Criminal Court.

(2) Substantive laws –

The substantive laws defines laws and determines the rights and obligations of stakeholders. Substantive criminal laws defines offences and provides punishment for offences.

The Indian Penal Code, Transfer of property Act, The Indian Contract Act and Specific Relief Act are example of substantive laws

(3) Mix of Procedural laws and Substantive laws

There are some laws which are substantive and procedural in nature.

Example – The Consumer protection Act 2019 deals with protection of rights of consumers and provides procedure to be followed by Consumer Courts.

(B) WHAT INCLUDES IN THE LAW –

The Law includes Acts, Rules, Regulations, Notification and Circulars.

(1) Acts – Acts is primary legislation.

Example – Consumer Protection Act 2019

(2) Rules – Rules is secondary legislation. Act provides rules making power to executive. Rules provides procedure for implementation of law.

Example – Consumer Protection (General) Rules, 2020

(3) Regulations – Statutory authorities for their adjudicatory mechanism makes regulations.

Example – Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020.

(4) Notification – A notification is issued by a government to exercise the power of a legislative enactment.

(5) Circular – A circular provides information, guidance and information on legislative or procedural matters.

(C) UNDERSTANDING THE DIFFERENCE BETWEEN SECTIONS, SUB-SECTIONS, CLAUSE AND SUB-CLAUSE

(1) Sections –

Sections is main part of the Act. Section should be read as whole to understand the complete meaning of the provision.

(2) Sub-Sections –

Sub-Sections is part of the main section. Section is divided into subsection. Each sub-section either provides different meaning or continues meaning from previous sub-sections.

(3) Clause –

Clause is part of the Sub-section. Clause provides further explanation to sub-section.  One clause can be a continuous part of the previous clause. Reading of complete Clauses gives meaning to sub-sections.

(4) Sub-Clause –

Sub-Clause is part of the Clause. Sub-Clause provides further explanation to Clause.

(D) UNDERSTANDING THE MEANING OF KEY WORDS

Understanding the meaning of some key words is essential for reading Bare Acts.

• Definition or Explanation clause – This clause defines and explains meaning of the word
  • Means – Means is an exhaustive clause. It gives complete meaning to word and not leave scope for further interpretation.
  • Include – This clause provides what includes in the meaning of words. It provides scope for further interpretation.

• Obligation Clause – This clause interprets provision is either compulsory or optional.
  • Shall – It is compulsory clause. Word ‘shall’ not gives scope for judicial or executive discretion.
  • May – It is optional clause. Word ‘may’ gives scope for judicial or executive discretion
  • Should – It is compulsory clause
  • Must – It is compulsory clause.

• Proviso Clause – Proviso Clause provides further conditions to main section and without fulfilling these conditions purpose of main section is incomplete.
  • Proviso – It provides conditions to be fulfilled to provide meaning to main section.
  • Notwithstanding – Provisions contained in this section doesn’t affect provisions in other sections.
  • not inconsistent with – Provisions contained in this section is not consistent with other given provisions.

• Saving Clause – This clause saves the enforcement of provisions of other Acts.
  • save as otherwise – whatever contained in this Act does not affect the meaning of provisions given in other Act.

• Option Clause – This clause provides choose between different options.
  • and – Word ‘and’ reads together two options to give complete meaning to provisions.
  • or – It means choose one option between different options.
  • either or – Choose between either first option or second option.

• Conditional Clause – This clause provides conditions to give meaning to provisions.
  • if – It provides certain conditions to be fulfilled for giving complete meaning to provisions.
  • Unless – without this provision meaning of section is incomplete.

(E) STRATEGY OF READING BARE ACTS WITH 6W’s  – Reading of Consumer Protection Act 2019

BARE ACTS READING STRATEGY –

• Strategy for reading substantive and procedural laws is different. While reading the substantive laws focus on definitions, provisions relating to rights and obligations of stakeholders and on the other hand while reading the Procedural Laws focus on procedure for enforcement and adjudication.
• First start with reading of arrangement of sections of the Act and understand the scheme of the Act.
• After understanding the scheme of the Act, Highlights the some important parts of the Act.
• Thoroughly read the definition clause. Whenever any scope for interpretation arises, look at the meaning given in definition clause.
• Understand the meaning of different clauses and interpret accordingly.
• On the first reading thoroughly go through all sections and understand the scheme of the Act such as definitions, rights and obligations, procedure for enforcement and adjudicatory mechanism etc.

CONSUMER PROTECTION ACT 2019

(1) Procedural or Substantive Law

Consumer Protection Act 2019 is mix of Procedural and Substantive law. It defines rights of consumers and provides procedure for Consumer Courts.

(2) Scheme of the Act –

This Act contains Eight Chapters and 107 Sections.

• Chapter 1 – Preliminary
• Chapter 2 – Consumer Protection Councils
• Chapter 3 – Central Consumer Protection Authority
• Chapter 4 – Consumer Disputes Redressal Commission
• Chapter 5 – Mediation
• Chapter 6 – Product Liability
• Chapter 7 – Offences and Penalties
• Chapter 8 – Miscellaneous

(3) Reading the Act with 6 W’s –

6W’s Strategy is useful for understanding the meaning of the Act.

• What it is? – It is Consumer Protection Act 2019. Section 2 of the Act provides definition of different terms.
• When it enacted and enforced? – Consumer protection Act enacted on 9th August 2019 and came into force on July 2020.
• Why it enacted? – State of objects and reason states, – “An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto.”
• Where it enforced? – Section 1 of the Act provides This Act extends to whole of India.
• Who is responsible for enforcement of law? – Chapter 2 provides for establishment of Consumer Protection Councils and Chapter 3 provides for Central Consumer Protection Authority. Chapter 5 of the Act fixes product liability of manufacturer.
• How to enforce the Law? – Chapter 4 provides for establishment of Consumer Dispute Redressal Commission. Chapter 5 provides for establishment of Consumer Mediation Cell. Chapter 7 of the Act provides offences and punishment for breach of the provisions of the Act.