How to read Bare Acts effectively (LITIGATION BASICS 4)

Reading and understanding the law is an important responsibility of a lawyer. The Bare Act is the primary source of law. A Bare Act contains the plain statutory text of an Act enacted by the legislature. For proper understanding of the law, Bare Acts should be read along with commentaries and judgments. However, the starting point of legal understanding must always be the Bare Act.

Reading Bare Acts is often more difficult as compared to reading commentaries because the statutory language used in Bare Acts is technical and complex. Sometimes, reading Bare Acts appears monotonous or boring. Law students and junior lawyers, at the initial stage, often face difficulties in reading and understanding Bare Acts. However, there is no alternative to reading Bare Acts, and every law practitioner must develop the skill of reading and understanding law directly from Bare Acts.

 

(A) Understanding the Types of Law

Before starting the discussion on how to read Bare Acts, it is necessary to understand the different types of laws. The strategy for reading and understanding procedural laws and substantive laws differs.

(1) Procedural Laws

Procedural laws deal with the procedure to be followed by courts and statutory authorities.
The Code of Civil Procedure governs the procedure of civil courts, while the BNSS/CrPC governs the procedure of criminal courts.

(2) Substantive Laws

Substantive laws define rights and obligations of individuals and stakeholders. Substantive criminal laws define offences and prescribe punishment for such offences.

Examples of substantive laws include:

·         Indian Penal Code

·         Transfer of Property Act

·         Indian Contract Act

·         Specific Relief Act

(3) Laws Having Both Procedural and Substantive Elements

Certain enactments contain both substantive and procedural provisions.

Example:
The Consumer Protection Act, 2019 deals with the protection of consumer rights and also prescribes the procedure to be followed by Consumer Courts.

 

(B) What Is Included in “Law”

Law includes not only the principal Act but also subordinate and delegated legislation.

(1) Acts

Acts are primary legislation enacted by the legislature.
Example: Consumer Protection Act, 2019.

(2) Rules

Rules are secondary or delegated legislation. Acts confer rule-making powers upon the executive, and rules provide procedures for the implementation of the Act.
Example: Consumer Protection (General) Rules, 2020.

(3) Regulations

Statutory authorities frame regulations for their adjudicatory and administrative mechanisms.
Example: Central Consumer Protection Authority (Allocation and Transaction of Business) Regulations, 2020.

(4) Notifications

Notifications are issued by the government to exercise powers conferred by legislative enactments.

(5) Circulars

Circulars provide guidance, clarification, and administrative instructions on legislative or procedural matters.

 

(C) Understanding the Difference between Sections, Sub-Sections, Clauses, and Sub-Clauses

(1) Sections

Sections form the main part of an Act. A section must always be read as a whole to understand its complete meaning.

(2) Sub-Sections

Sub-sections are parts of a section. Each sub-section may either introduce a new aspect or continue the meaning of the preceding sub-section.

(3) Clauses

Clauses form part of sub-sections and provide further explanation. Clauses may be interconnected, and reading all clauses together is necessary to understand the provision correctly.

(4) Sub-Clauses

Sub-clauses further elaborate clauses and provide additional details.

(D) Understanding the Meaning of Key Words

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

1.      Definition or Explanation clause – This clause defines and explains the meaning of the word

·         Means – Means is an exhaustive clause. It gives complete meaning to the word and does not leave scope for further interpretation.

·         Include – This clause provides what is included in the meaning of the word. It provides scope for further interpretation.

2.      Obligation Clause – This clause interprets whether the provision is compulsory or optional.

·         Shall – It is a compulsory clause. The word ‘shall’ does not give scope for judicial or executive discretion.

·         May – It is an optional clause. The word ‘may’ gives scope for judicial or executive discretion.

·         Should – It is a compulsory clause.

·         Must – It is a compulsory clause.

3.      Proviso Clause – Proviso Clause provides further conditions to the main section and without fulfilling these conditions, the purpose of the main section is incomplete.

·         Proviso – It provides conditions to be fulfilled to give meaning to the main section.

·         Notwithstanding – Provisions contained in this section do not affect provisions in other sections.

·         Not inconsistent with – Provisions contained in this section are not inconsistent with other given provisions.

4.      Saving Clause – This clause saves the enforcement of provisions of other Acts.

·         Save as otherwise – Whatever is contained in this Act does not affect the meaning of provisions given in other Acts.

5.      Option Clause – This clause provides a choice between different options.

·         And – The word ‘and’ reads together two options to give complete meaning to the provision.

·         Or – It means choosing one option between different options.

·         Either–or – Choose between either the first option or the second option.

6.      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, the meaning of the section is incomplete.

 

(E) Strategy of Reading Bare Acts with 6W’s - Reading of the Consumer Protection Act, 2019

·         The strategy for reading substantive and procedural laws differs.

·         While reading substantive laws, focus on definitions, rights, and obligations.

·         While reading procedural laws, focus on enforcement mechanisms and adjudicatory procedures.

·         Begin by reading the arrangement of sections to understand the scheme of the Act.

·         Highlight important provisions during reading.

·         Read the definition clause carefully and refer to it whenever interpretation issues arise.

·         On first reading, go through all sections to understand the overall framework of the Act.

Consumer Protection Act, 2019

(1) Procedural or Substantive Law

The Consumer Protection Act, 2019 is a mix of procedural and substantive law. It defines consumer rights and prescribes procedures for Consumer Courts.

(2) Scheme of the Act

The Act consists of eight chapters and 107 sections:

·         Chapter I – Preliminary

·         Chapter II – Consumer Protection Councils

·         Chapter III – Central Consumer Protection Authority

·         Chapter IV – Consumer Disputes Redressal Commission

·         Chapter V – Mediation

·         Chapter VI – Product Liability

·         Chapter VII – Offences and Penalties

·         Chapter VIII – Miscellaneous

(3) Reading the Act with 6W’s

·         What is it?
Consumer Protection Act, 2019. Definitions are provided under Section 2.

·         When was it enacted and enforced?
Enacted on 9 August 2019 and brought into force in July 2020.

·         Why was it enacted?
As per the Statement of Objects and Reasons, the Act aims to protect consumer interests and establish authorities for effective dispute resolution.

·         Where is it enforced?
It extends to the whole of India.

·         Who enforces the law?
Consumer Protection Councils, Central Consumer Protection Authority, and Consumer Disputes Redressal Commissions.

·         How is the law enforced?
Through adjudication by Consumer Commissions, mediation mechanisms, and penal provisions for violations.