Section 270 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
πΉ Section 270 β Construction of provisions of this Adhiniyam
This section provides guidance on how to understand or interpret the rules and sections written in the Bharatiya Sakshya Adhiniyam, 2023.
Letβs break it down:
β Plain Language Meaning:
Section 270 says that:
"The provisions of this Adhiniyam shall be interpreted according to the ordinary meaning of the language, unless such interpretation would lead to an absurdity."
π§ What does that mean?
"Ordinary meaning of the language":
The words used in the law should be understood the way most people normally understand them in regular usageβnot in a technical or unusual way, unless the law defines those terms specifically.
"Unless such interpretation would lead to an absurdity":
If applying the ordinary meaning of a word or phrase would lead to a result that is illogical, unreasonable, or absurd, then the court should not stick to the literal meaning.
π Example to Illustrate:
Imagine there's a section in the law that says:
"No person shall enter a building after sunset."
Using the ordinary meaning, this would mean people shouldn't enter any building after sunset.
But suppose someone enters their own home after sunset, and someone says they broke the law.
That would be absurd, right? Because the rule probably wasn't meant to prevent someone from entering their own house.
So, the court would look at the intent behind the rule and avoid interpreting it in a way that leads to a ridiculous outcome.
π Purpose of Section 270:
To promote clarity and fairness in interpretation.
To make sure laws are not misused by twisting the meaning of words.
To guide judges in resolving ambiguity in the text of the law.
To respect common sense while applying the law.
βοΈ Summary:
| Aspect | Meaning |
|---|---|
| Interpretation | Use the ordinary, everyday meaning of words. |
| Exception | Don't apply literal meaning if it causes an absurd result. |
| Purpose | Ensure fair, logical, and practical application of the law. |
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