Interpretation of penal provision
Interpretation of penal provision should be strict as literal rule of the interpretation of statutes.
Literal Rule: It is also known as a plain reading rule. The primary focus is on the precise language of the statute. Courts should not extend the meaning of words beyond their ordinary or plain meaning. If the statute’s language is clear and unambiguous, it should be applied as written.
The principle of strict interpretation of penal provisions means that courts should follow the exact wording of criminal laws. This ensures that people are only punished for actions that are clearly defined as crimes by the law. If a law is unclear, it should be interpreted in favor of the accused. This approach prevents unfair punishment and makes sure that only the legislature, not judges, can define criminal behavior. By sticking closely to the words of the law, this principle protects against arbitrary prosecution and maintains fairness in the legal system.
This principle is closely tied to the concept of legality (nullum crimen, nulla poena sine lege), which means no one can be punished under a law unless it is sufficiently clear and certain. This safeguards individuals from arbitrary prosecution and punishment.
When a penal statute is ambiguous, it should be interpreted in favor of the accused. This ensures that no one is punished under a statute unless the legislature has clearly and definitively prescribed the criminal conduct.
While the primary focus is on the literal text, courts may also consider the legislative intent to understand the purpose behind the statute. However, this consideration should not override the clear and unambiguous language of the law.