Words "Means and "Includes" - Indian Laws - General

Words Means and Includes It is a well settled rule of interpretation that where the Legislature uses the words ' means ' and 'includes' such definition is to be given a wider meaning and is not exhaustive or restricted to the items contained or included in such definition. [KRISHI UTPADAN MANDI SAMITI VERSUS SHANKAR INDUSTRIES - 1993 (2) TMI 332 - SUPREME COURT] SMT. S VANITHA VERSUS THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT ORS.- [ 2020 (12) TMI 1213 - SUPREME COURT] Justice G P Singh in his seminal treatise on the Principles of Statutory Interpretation observes: (Lexis Nexis, 14th Ed. Page 197-199) The Legislature has the power to define a word even artificially. So the definition of a word in the definitions section may either be restrictive of its ordinary meaning or it may be extensive of the same. When a word is defined to mean such and such, the definition is prima facie restrictive and exhaustive. On the other hand, includes is titled so as to comprehend an extensive meaning: Whereas, where the word defined is declared to include such and such, the definition is prime facie extensive. When by an amending Act, the word includes was substituted for the word means in a definitions section, it was held that the intention was to make it more extensive .. The use of the expression means is intended to make it exhaustive. On the other hand, the use of the expression includes is intended to make it more extensive. The legislature by using an expression includes evinces, notwithstanding the meaning of the phrase, an intention: to enlarge the meaning of the words or phrases occurring in the body of the statute . Includes is utilized so as to comprehend: not only such things as they signify according to their nature and import but also those things which the interpretation clause declares that they shall include However, when a statutory definition incorporates the means and includes approach, the intent is to make the definition exhaustive. THE EXECUTIVE ENGINEER ANR.- [ 2011 (10) TMI 586 - SUPREME COURT] 42. The expressions `means', `means and includes' and `does not include' are expressions of different connotation and significance. When the Legislature has used a particular expression out of these three, it must be given its plain meaning while even keeping in mind that the use of other two expressions has not been favoured by the Legislature. To put it simply, the Legislature has favoured non-use of such. COMMISSIONER OF CENTRAL EXCISE, HYDERABAD VERSUS M/S. DETERGENTS INDIA LTD. ANOTHER- 2015 (4) TMI 358 - SUPREME COURT means and includes is a legislative device by which the includes part brings by way of extension various persons, categories, or things which would not otherwise have been included in the means part. If this is so, obviously both parts cannot be read conjunctively. What is in the includes part is relatable only to the subject that is to be defined and takes within its sweep persons, objects, or things which are not included in the first part.