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Mischief Rule (Rule in Heydon’s Case)

Canons of Statutory Interpretation

Definition

A purposive canon of interpretation requiring the court to examine: (1) what the common law was before the Act, (2) what mischief or defect the existing law failed to provide for, (3) what remedy Parliament resolved and appointed, and (4) the true reason of the remedy.

Example

In Bengal Immunity Co. v. State of Bihar, the Supreme Court applied the mischief rule to interpret Article 286 of the Constitution, examining the pre-constitutional taxation chaos of inter-state trade to determine the precise mischief the constitutional provision sought to remedy.