Penmetsa Srihind, KIIT Deemed To Be University
Mischief rule in interpreting a statute is a rule that asks what the law was before the Act and what were the defects that are resolved by the legislation under construction. This rule of interpretation is favours and remedies the problem or the mischief.
The mischief rule is a rule that aimed at suppressing the mischief and to advance the remedy. Sometimes the mischief rule may not be a good tool like when new circumstances emerge, with cases which are unforeseen by the legislator and is beyond the reach of the statute. This statute addressed a particular mischief but then when a new mischief emerges, a new statute may be needed.
In this article the author mentioned about what is the mischief rule of interpretation and further the advantages as well as disadvantages of the mischief rule have been discussed. The various cases and the practical application of this rule of interpretation in various English as well as Indian cases has been discussed.
Key Words: Interpretation, Ambiguous, Old/common law, New-law, Remedy, Mischief.