Tuesday, September 22, 2015

NOSCITUR A SOCIIS

NOSCITUR A SOCIIS :

The rule of construction noscitur a sociis as explained by Lord Macmillan means :”the meaning

of a word is to be judged by the company it keeps”. It is a rule wider than the rule of ejusdem

generis; rather the latter rule is only an application of the former. The rule has been lucidly

explained by Gajendragadkar J. in the following words : “This rule,  according to Maxwell,

means that when two or more words which are susceptible of analogous meaning are coupled

together, they are understood to be used in their cognate sense. They take as it were their

colour from each other, that is, the more general is restricted to a sense analogous to a less

general. The same rule is thus interpreted in Words and Phrases. ‘Associated words take their

meaning from one another under the doctrine of noscitur a sociis, the philosophy of which is that

the meaning of the doubtful word may be ascertained by reference to the meaning of words

associated with it; such doctrine is broader than the maxim ejusdem generis’. In fact the latter

maxim ‘is only an illustration or specific application of the broader maxim noscitur a sociis’. It

must be borne in mind that noscitur a sociis, is merely a rule of construction and it cannot

prevail in cases where it is clear that that the wider words have been deliberately used in order

to make the scope of the defined word correspondingly wider. It is only where the intention of

the legislature in associating wider words of narrower significance is doubtful, or otherwise not

clear that the present rule of construction can be usefully applied’.