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Construction in Favor of Personal Liberty

Canons of Statutory Interpretation

Definition

The rule that statutes encroaching upon personal liberty (preventive detention laws, police search powers) must receive a strict, rigorous construction; any ambiguity must be resolved in favor of the liberty of the individual.

Example

In Bhairabendra Narayan Bhup v. State of Assam, the Supreme Court held that where statutory provisions permit the deprivation of personal liberty, every statutory procedural safeguard must be strictly observed.