This blog post was written by Varun Sehgal
8 Simple Tips For Reading Bare Acts
Laws and statutes use complex legal language. It is very difficult for a layman to understand the mandate of the legislature. This is the reason that lawyers are hired. Lawyers must understand the art of reading bare Acts. It also applies to law students. In this blog post, I shall discuss some tips by which you may find it easy to read and understand the bare language used in the bare Acts.
What is a Bare Act:
A bare Act, in simple language, can be defined as a book containing the bare language of a statute. For example, the bare Act of Indian Penal Code, 1860. In a bare Act, you will not find any commentary. Only the marginal notes[1] and the statutory language is there in the Bare Act. However, in some bare Acts you may find short notes in the form of cases mentioned for a few lines only. Some books you purchase may also contain the bare language along with the commentary. But, it is recommended that you buy bare Acts for each subject you learn in your law school.
Importance of Bare Acts:
Why should we purchase the bare Acts if we have purchased books containing the bare language as well as the commentary? The answer lies in the fact that a bare Act is light weight. You can carry it anywhere. It is not bulky as compared to the heavy books. It is essential for lawyers and law students to develop a habit of reading bare acts. Not only reading but understanding comprehensively is the need of the hour for lawyers and law students. If you are prosecuting or defending a case, or you are preparing for the exam of judiciary, the first and the foremost thing is that you must know the law and reading bare Act will be helpful. The concept clarity is sine qua non. Instead of searching a section of an enactment in a book, you can easily find the content using the bare Act. It saves a lot of time.
Why is the Language of Statues difficult?
I agree with the people that language of the statutes is quite complex and it is very difficult for a layman to understand the statutory provisions. The language used in bare Acts is difficult because many provisions have to be included in a single sentence. I am telling you as per my own experience. Short sentences are easy to remember and we understand them easily. If we write sentences in paragraphs or points, that is easy to remember. In bare language, long sentences are used. You will see punctuation marks like commas, colons and semicolons. If you are a layman and you have never read any statutory language, then download the PDF of any enactment (for example, Indian Penal Code) and try to read and understand. It is going to be very difficult. But when it comes to law students, they should be able to read and understand the legal language. The laws are made with deliberation and contemplation, and everything relevant has to be included in it.
How to Read and Understand Bare Language:
Reading and understanding bare Acts is not a difficult thing. With practice, it becomes easy to comprehensively understand the intent of the legislature and that of particular section or article. But the question arises how to and where to begin with? I am going to give you some tips which may be helpful for you in understanding the complex bare language used in the bare Acts.
(1). Read the Preamble of an Enactment:
A Preamble is an introductory part of something. If a statute is enacted, there is a preamble or an introductory portion which introduces the objects and purposes of the legislation or the enactment. For example you will see the long title of a statute as "an Act to consolidate and amend the law relating to......." After reading the Preamble, you will have an idea of the intent of the legislature as to why that particular legislation was enacted. Then, if you read a particular section, you will know the intention of the legislature and it will be helpful in understanding the mandate of that particular section. In addition to the Preamble, you must have a look at the short title, long title and the extent of that particular legislation.
(2) Read it as a Whole:
When you are reading and understanding a particular section of any enactment, you have to read it as a whole. What I mean by reading it as a whole is that you have to read the proviso[2], the explanation, the exceptions, the illustrations and examples appended to that section. It is possible that a section will be divided into sub-sections and an article in clauses and sub-clauses. In that case, it is always advisable to read the content as a whole.
If the the content you are reading is too long, then you may stick to that particular sub-section. If you do not get the meaning of that sub-section, then don't waste your time reading that again and again. Read the whole content and you will get to know something.
(3). Remember to Read the Interpretation/Definition Clause:
An interpretation clause or definition clause is that clause or section which contains the terminology used in the enactment. It defines various terms and expressions used in the enactment. If you read the interpretation clause, you will see something like that, "in this section, unless the context otherwise requires.....". Without reading the interpretation section or clause, there is a possibility of wrong usage of the words. You may understand a particular term according to its general meaning but a statute may provide a particular meaning to a term. In that case, it can be difficult for you to understand properly the bare language.
(4). Pay Attention to the Punctuation Marks:
You must have studied punctuation marks in your school. One should know the proper usage of these marks for creating meaningful sentences. The same thing applies to reading a Bare Act. In fact, this is the most important tip I am giving you in this blog post. Punctuation marks are commas, full stop, inverted commas, colons, semicolons, etc. Carefully look at the end of a main section and before the the starting of a proviso, you will surely see a collon : symbol. You must have good understanding of clauses, sub clauses, main clause, etc., which you understood in your primary classes. If you forget, do give it a reading. In simple words, when we use a comma we usually give a break. Remember to distinguish between 'and' and 'or'. 'And' is used to describe something as inclusive and 'or' is used to depict something as an alternative.
(5). Use Dictionaries:
Reading a Bare Act requires good vocabulary. You must have a clear understanding of grammar and its rules. Sometimes the bare Acts contain words the meaning of which we do not know. If you don't understand the meaning of all the words used in the bare language, then you should use dictionaries. If you don't want to purchase a dictionary, you may download dictionary apps in your phone. Reading dictionary and improving vocabulary is a good habit.
(6). Use Books and Commentaries:
If you develop the skill of reading the bare Act and understanding the punctuation marks, you may still want to understand it more deeply. You may then use books and commentaries. These secondary sources contain case laws and other stuff which will be helpful for you. If you are continuously reading a particular section of a statute and you are not able to understand much, then you may find that portion in a book and it should be easy for you to understand that. Some books contain lucid language and others contain difficult language. Opt for that which you are comfortable with. Ask your teachers about the books for each subject. You have also to be aware of the latest amendments and the judgements.
(7). Basic Understanding of Subjects:
What I mean by basic understanding of subjects is that if you are reading a Bare Act which contains terminology of which you are not aware, you should invest some of your time in understanding the basic terminology. This is because there are some words which are not defined in an interpretation clause or section. This can be understood by an example. Suppose, you are reading the Income Tax Act or the Company Law, you may find abundance of commercial terms like shares, debentures, debts, hypothecation, winding up, share capital, bonds, etc. If you are from commerce background, you should not face any difficulty in getting the meaning of these terms because you studied these in detail in your 12th standard. But if you are from a non commerce background, say, you are from science or arts stream, you cannot understand these terms unless you search for them because you have not studied in your previous classes.
So, before reading or investing your time in the bare Act, try to understand these terms. You may search for these terms on internet and make notes of that stuff.
(8). Practice makes Perfect:
It is true that practice makes perfect. You cannot master things in a day. Reading and understanding Bare Act is a skill which is developed over time. If you are unable to understand the way of reading and understanding the Bare Act or the bare language, do not give up. Take help of your teachers and friends. Go to the library of your college and study wholeheartedly. At first, you should read the bare Act and then read the book. This is because if you directly make a habit of reading books without reading the bare Act, you will know the law but you will never develop the art of reading and understanding the bare language of the Bare Acts.
Conclusion:
These tips may be helpful for you if you are a law student, no matter in which year of your course you study. Developing the skill of reading bare Acts depends upon your efforts and skills. Some students are good in understanding the technicalities of the bare language. On the other hand, some students, despite being intelligent, cannot properly understand the language used in the statutes. If you learn the trick of concentrating at the words used in the bare language and by focusing on punctuation marks, you may be able to understand the content of the legislation and the particular section used in the Bare Act quickly.
References:
[1]. A marginal note is the side note of a particular section or Article. For instance, section 302 has a marginal note which states "punishment for murder".
[2]. A proviso can be understood as a para or clause which imposes some conditions on the validity of the main section. It generally begins with "provided that" expression.
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