MISCHIEF RULE OF INTERPRETATION-(Heydon’s Rule)

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate.

 

MISCHIEF RULE OF INTERPRETATION-(Heydon’s Rule)-

Tanmoy Mukherji

Advocate

The Mischief Rule is the oldest rule of interpretation, formulated in Heydon’s Case (1584).

It is a purposive approach that seeks to identify:

-The defect or mischief in the previous law

-The remedy intended by the new law

-The legislative purpose behind introducing the statute

Courts applying this rule interpret the statute to suppress the mischief and advance the remedy.

Principles of Heydon’s Case (1584)

Judges must consider:

Why Courts Use this Rule-

Reference Cases-

 Advantages of Mischief Rule-

Disadvantages-

Indian Areas Where Mischief Rule is Most Common-

→Welfare statutes

→Consumer protection

→Taxation

→Environmental laws

→Rent control acts

→Criminal law amendments

→Social legislation