Tuesday, July 14, 2020

Mischief/Heydon's Rule

According to this rule, when we interpret statutes, we need to consider some facts:-
  • What was the common law before the making of the act.
  • What was the mischief and defect for which the common law did not provide.
  • What remedy the Parliament had resolved and appointed to cure the disease of the commonwealth; and 
  • The true reason of the remedy.
According to this rule, while interpreting statutes, first the problem or mischief that the statute was designed to remedy should be identified and then a construction that supresses the problem and advances the remedy should be adopted.

The Supreme Court in Sodra Devi's case, AIR 1957 SC 832 has expressed the view that the rule in Heydon's case is applicable only when the words inquestion are ambiguous and are reasonably capable of more than one meaning.

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