VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 6 No. III (2023)pp. 1014–1021

Evolution of Mischief Rule in Indian Jurisprudence

PY
Prachi Yadav Student at Amity University, Patna, India
View PDF
1,729views792downloads
Published 23 May 2023 · pp. 1014–1021 · Vol. 6 No. III (2023)
Abstract

Principles of Interpretation of Statutes form an essential part of jurisprudence. The paper aims to study the origin of the mischief rule in Heydon’s case and its journey to application in Indian cases. The Mischief rule as traced back to the Heydon’s case is one of the oldest rule of statutory interpretation. It has found application in a number of cases not just in the British context but also in the Indian scenario. The mischief rule has been applied to different kinds of statutes in the Indian precedents to remedy different kinds of mischiefs beginning from the Bengal Immunity case where an act of the State legislature was in question and extending to application in the commercial laws of the State like the law relating to taxation and negotiable instruments. The paper focuses on the variety of cases in which mischief rule has found application. The study also focuses on the extension of the mischief rule as the purposive interpretation.

Keywords
Mischief rulepurposive interpretationjudicial discretion

How to cite

Prachi Yadav, Evolution of Mischief Rule in Indian Jurisprudence, 6 Int'l J. L. Mgmt. & Human. 1014 (2023).

Cite this article

Prachi Yadav, Evolution of Mischief Rule in Indian Jurisprudence, 6 Int'l J. L. Mgmt. & Human. 1014 (2023).
Chat with us