strict construction

Penal statutes are construed strictly: no act is an offence unless it falls clearly within the words of the law, and if two reasonable readings are possible, the one favouring the accused is preferred. In Tolaram Relumal, the Supreme Court refused to stretch a penal provision on rent control beyond its language. Taxing statutes are also construed strictly: there is no tax unless the words clearly impose it, and there is no equity about a tax.

Strict construction does not mean absurd construction. The court still reads words in context and gives them their natural meaning; it only refuses to extend liability by implication or analogy.

Example

Since the words of the penal section did not clearly cover the act, strict construction required the benefit of doubt to go to the accused.

In Indian law

• Tolaram Relumal v. State of Bombay, 1954 INSC 62: penal provisions construed strictly in favour of the subject

See also

literal rule · nullum crimen sine lege · beneficial construction

Read more in the study notes

• Interpretation of penal and taxing statutes (Interpretation of Statutes and Principles of Legislation)
• The legislative draftsman; constitutional values, the General Clauses Act and interpretation as limits on drafting (Judicial and Legislative Process)