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Proviso to a Section

Canons of Statutory Interpretation

Definition

A statutory clause beginning with "Provided that...", functioning primarily to except, qualify, carve out, or restrict something that would otherwise have fallen within the general enacting words of the main section.

Example

In Sundaram Pillai v. Pattabiraman, the Supreme Court classified the functions of a proviso, emphasizing that a proviso cannot be construed as repealing or nullifying the main section it qualifies.