Casus Omissus is a Latin term which means “an omitted case”. In the context of interpretation of statutes, it refers to a situation or issue that has not been specifically addressed or covered by the legislature in the language of the statute.
The principle of Casus Omissus states that courts cannot supply the omission. In other words, if a particular situation is not expressly provided for in the statute, the courts should not attempt to fill in the gap by interpretation, unless such an intention is clearly inferable from the statute as a whole.
Courts are bound to apply the law as it is written, not as it might or should have been written. If a case arises which the law does not cover, and it is a clear omission, it is the role of the legislature—not the judiciary—to amend or add provisions to address it.
Important Features of Casus Omissus:
- It refers to a gap or omission in the statute.
- Courts should not add or infer provisions that are not present.
- Judicial legislation is not permitted—courts interpret law, not make it.
- Exceptionally, if the omission is clearly inconsistent with the legislative intent, courts may interpret it in line with the rest of the statute.
- The remedy for Casus Omissus lies with the legislature, not the judiciary.
Example:
Suppose a law provides a list of persons who are eligible to receive compensation under a welfare scheme, and that list does not include step-children. A court cannot assume that the legislature meant to include step-children and add them to the list through interpretation. This is a classic example of a casus omissus—a case not provided for in the statute.
Judicial Position:
In several judgments, including those by the Supreme Court of India, it has been reiterated that courts cannot fill in the gaps in legislation. One such leading case is Hira Devi v. District Board, Shahjahanpur (1952), where the court emphasized that it is not the function of the court to supply omissions in statutory provisions.
Code to Remember the Answer: “GRAIN” (to recall the nature and treatment of Casus Omissus)
| Letter | Stands For | Explanation |
|---|---|---|
| G | Gap | Casus Omissus is a legal gap or omission in the statute. |
| R | Remedy by Legislature | Only the legislature can correct or address the omission. |
| A | Avoid Insertion | Courts must avoid inserting words or meanings. |
| I | Interpret with Restraint | Courts must interpret, not rewrite, the law. |
| N | No Judicial Law-making | Judges cannot make law under the guise of interpretation. |