CLASSIFICATION OF STATUTES

 

Codified statutory law can be categorized as follows-

Codifying statutes

The purpose of this kind of statute is to give an authoritative statement of the rules of the law on a particular subject, which is customary laws. Codification is the process of converting and consolidating judge-made law into statute law

For example- The Hindu Marriage Act, 1955 and The Hindu Succession Act, 1956. 

Consolidating statutes/ codes

This kind of statute covers and combines all law on a particular subject at one place which was scattered and lying at different places. Here, the entire law is constituted in one place. 

For example- Indian Penal Code or Code of Criminal Procedure.

Declaratory statutes

This kind of statute does an act of removing doubts, clarifying and improving the law based on the interpretation given by the court, which might not be suitable from the point of view of the parliament. 

For example- the definition of house property has been amended under the Income Tax (Amendment) Act, 1985 through the judgement of the Supreme Court.

Remedial statutes

Granting of new remedies for enforcing one’s rights can be done through the remedial statutes. The purpose of these kinds of statutes is to promote the general welfare for bringing social reforms through the system. These statutes have liberal interpretation and thus, are not interpreted through strict means.

 For example- The Maternity Benefits Act, 1961, The Workmen’s Compensation Act, 1923 etc.

Enabling statutes

The purpose of this statute is to enlarge a particular common law. 

For example- Land Acquisition Act enables the government to acquire the public property for the purpose of the public, which is otherwise not permissible. 

Disabling statutes

It is the opposite of what is provided under the enabling statute. Here the rights conferred by common law are being cut down and are being restrained.

Penal statutes

The penalty for various types of offences are provided through these statutes, and these provisions have to be imposed strictly. 

For example- Indian Penal Code, 1860,

Taxing statutes

Tax is a form of revenue which is to be paid to the government. It can either be on income that an individual earns or on any other transaction. A taxing statute thus, levies taxes on all such transactions. There can be income tax, wealth tax, sales tax, gift tax, etc. Therefore, a tax can be levied only when it has been specifically expressed and provided by any statute.

Amending statutes

The statutes which operate to make changes in the provisions of the enactment to change the original law for making an improvement therein and for carrying out the provisions effectively for which the original law was passed are referred to as amending statutes. 

For example- Code of Criminal Procedure 1973 amended the code of 1898.

Repealing statutes

A repealing statute is one which terminates an earlier statute and may be done in the express or explicit language of the statute. 

For example- Competition Act, 2002 repealed the MRTP Act.

 Perpetual statutes

It is perpetual when no time is fixed for its duration and such a statute remains in force until its repeal which may be express or implied.

 Temporary statutes

A statute is temporary when its duration is only for a specified time and it expires on the expiry of the specified time unless it is repealed earlier.

Prospective statutes

 A statute which operates upon acts and transactions which have not occurred when the statutes takes effect, that is which regulates the future is a Prospective statute.

Retrospective statutes

 Every statute takes away or impairs vested rights acquired under the existing laws or creates a new obligation into a new duty or attaches a new disability in respect of transactions or considerations already passed are deemed retrospective or retroactive statute.

Mandatory statutes

A Mandatory statute is one which compels performance of certain acts and directs that a certain thing must be done in a certain manner or form. A type of Mandatory Statute is the Imperative Statute. Imperative Statutes are often negative or prohibitory in its terms and makes certain acts or omissions absolutely necessary and subjects a contravention of its provision to a penalty.