Exceptions and Saving Clauses are special provisions in statutes that limit or qualify the application of a general rule or legal provision. They act as internal aids in statutory interpretation and must be construed strictly, as they carve out specific situations where the general rule does not apply.
I. Exceptions
Meaning:
An exception in a statute excludes certain persons, acts, situations, or things from the operation of the general provision to which it is attached.
Example:
“Nothing in this section shall apply to children under the age of 10 years.”
This is an exception that exempts children below 10 from the section’s applicability.
Purpose:
To narrow the scope of a provision by removing certain cases from its operation.
Key Principles:
- Strict Construction: Exceptions must be narrowly interpreted so as not to unduly restrict the main provision.
- Burden of Proof: The party claiming the benefit of an exception must prove that their case falls within it.
- Cannot Expand Scope: An exception cannot be used to interpret or expand the main provision beyond its ordinary meaning.
II. Saving Clauses
Meaning:
A saving clause protects or preserves certain rights, liabilities, or proceedings even after a statute is repealed or amended.
Example:
“Notwithstanding the repeal of the previous Act, any action taken under it shall be deemed to have been taken under this Act.”
This ensures continuity and protection of past actions even though the old law has been replaced.
Purpose:
To prevent injustice or legal vacuum when new laws come into force, by retaining effects of the old law for specific purposes.
Key Principles:
- Preserves Vested Rights: Protects actions or rights already accrued.
- Ensures Continuity: Maintains legal consistency during transition from old law to new law.
- Must Be Express or Clearly Implied: Courts will look for explicit saving provisions in the statute.
Judicial Approach in India
- State of Rajasthan v. Mangilal Pindwal (1996)
The Supreme Court held that saving clauses must be interpreted strictly, and if a situation is not expressly saved, it will not be presumed. - Mohd. Idris v. State of U.P. (1965)
The Court clarified that saving clauses are meant to protect existing rights from being destroyed by new legislation. - Orient Paper Mills Ltd. v. State of Orissa (1961)
It was held that exceptions cannot be construed liberally to negate the intent of the main provision.
Illustration
Suppose an Act prohibits the sale of plastic bags. It adds an exception:
“This shall not apply to bags used for medical waste disposal.”
This exception means that while the general rule prohibits plastic bags, a narrow category (medical usage) is exempt.
If the Act repeals a prior law but includes a saving clause saying:
“All licenses issued under the old Act shall continue until expiration,”
this protects existing licenses despite repeal.
Differences Between Exception and Saving Clause
| Aspect | Exception | Saving Clause |
|---|---|---|
| Purpose | Excludes certain cases from general rule | Preserves rights/actions after repeal/change |
| Timing | Operates during the life of the Act | Operates at time of repeal or amendment |
| Construction | Strictly construed | Strictly construed |
| Effect | Limits scope of provision | Ensures continuity and avoids injustice |
Code to Remember the Answer – “PRES”
| Letter | Stands For | Explanation |
|---|---|---|
| P | Protects Past Actions (Saving) | Saving clauses preserve prior rights/actions under repealed laws. |
| R | Restricts Main Provision (Exception) | Exceptions limit the scope of a general legal rule. |
| E | Ensures Legal Continuity (Saving) | Avoids legal gaps when statutes are repealed or replaced. |
| S | Strict Interpretation (Both) | Both are interpreted narrowly and not extended beyond their clear terms. |
