beneficial construction

When a statute is meant to remedy a mischief or protect a weaker class, such as workers, consumers, tenants or women, courts adopt the interpretation that advances its object. If a provision is reasonably capable of two meanings, the one that extends the benefit is preferred over the one that narrows it.

The rule has limits. Courts cannot rewrite clear words, add what the legislature left out, or stretch a provision beyond its language out of sympathy. It is the opposite of strict construction, which applies to penal and taxing statutes. Labour laws, the Consumer Protection Act, the Protection of Women from Domestic Violence Act and maintenance provisions are commonly given beneficial construction.

Example

Adopting beneficial construction, the court read “wife” in the maintenance provision to include a woman who had lived with the man as his wife for many years.

See also

strict construction · purposive interpretation · mischief rule · literal rule

Read more in the study notes

• Restrictive and beneficial construction; welfare legislation (Interpretation of Statutes and Principles of Legislation)
• Introduction to the CPC: procedural law, history and key definitions (Civil Procedure Code and Limitation Act)
• Death, marriage and insolvency of parties; withdrawal and compromise of suits (Civil Procedure Code and Limitation Act)