A Verbis Legis Non Est Recedendum

Hardeep Singh v. State of Punjab, (2014) 3 SCC 92 held, if an interpretation leads to a conclusion that the word used by the Legislature is redundant, it should be avoided as the presumption is Legislature has deliberately and consciously used the word of carrying out the purpose of the Act. The legal maxim ‘a verbis legis non est recedendum‘ which means, ‘from the words of law, there must be no departure’ has to be kept in mind. There could be no assumption, Legislature committed a mistake when the language of the statute was plain and ambiguous. No word in a statute has to be construed as a surplusage nor could any word be rendered ineffective or purposeless if the Court required to carry out the legislative intent fully and completely.

Hon’ble Justice Sanjay Kishan Kaul, State of Tamil Nadu v. K. Shobana, [Civil Appeal Nos. 3745-3754 of 2020].