Dr.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

ACADEMIC SESSION:

2015 2016

JURISPRUDENCE

PROJECT

BENEFITS OF AMBIGOUS LAWS

Submitted to: Submitted by:

Mr. Manvendra kumar tiwari Lokesh Nigam

Asst. Professor (Law) B.A.LL.B.(Hons.)

RMLNLU IVsemester

Roll No. 74

1
 ACKNOWLEDGEMENT
I would take great pleasure in thanking my Jurisprudence professor, Mr. Manvendra kumar tiwari
for his infallible support all through the course of this project. This endeavor would not have
been in its present shape had he not been there whenever I needed him. He has been a constant
source of support all the while.

Also I would like to extend my sincere thanks to the library staff for always helping me out with
finding excellent books and material almost every time I needed. They too have been a constant
support system in the completion of this project.

Last but surely not the least- I would like to thank my friends for their timely critical analysis of
my work and special feedback, that worked towards the betterment of this work.

-Lokesh nigam

2
 INTRODUCTION
This project deals with the benefits of ambiguous laws. Before starting my project I will let you
know the what the mean of ambiguity in the law. Ambiguity is actually created by the legislator
because they know that the law cant be clear and sufficient to give the force in society that every
criminal or the individual who breach the law cover up in the law, thats why they make the
ambiguity in the law. For example: Article19(1)(a) of the constitution of india gives the right to
freedom of speech and expression. But this right is limited only if every speech does not effect
any society or a community or the group of people. Or if any speech and expression goes against
the government of india then it becomes a sedition under section 124A in the Indian penal code.
So this is the ambiguity and if the legislator does not create this ambiguity in article19(1)(a) then
any citizen speech anything against the government of india or they can hurt anyone by speech or
expression.

3
 MEANING OF AMBIGUOUS LAWS

Laws are not actually so clear in statute thats why judge interpret the laws in his own way.
Every individual has own interpretation of every word thats why ambiguity comes. For
example: bachan singh case in which the decision was come that death penalty would be given
only in the rare of the rarest cases, then the question is how one interpret that sentence rare of
the rarest case there are so many interpretation of that sentence. Suppose if a man kill a lady and
after killing her he picks the stone and hit on her face and repeatedly he smashes on her face so
that her face cant be determined. And other thing is that a man killing someone by cutting his
body in small pieces. So how judge interpret that which case comes under the rare of the rarest
cases.

In India, the punishment of death penalty can be exercised only if the concerned case qualifies
the rarest of rare case principle. This principle was given forward in the Indian landmark case
of BacchanSingh v. State of Punjab and further given approval in the case of Macchi Singh v.
State of Punjab.However, the phrase rarest of rare is open to different interpretations by
different judges as there are no set parameters to define it. Again, because of this unspecific
nature, there is considerable confusion as to what case can come under the ambit of this
principle. Due to this confusion, it mostly becomes a matter of opinion of the judge and his
interpretation of the phrase as to whether the particular case falls under the ambit of the
principle.

When it becomes a matter of opinion of the judge then the benefit arises that a judge can
interpret the cases in his own way that they can cover up the cases in the rare of the rarest
doctrine.

4
 HOW AMBIGUOUS LAWS BENIFITTED TO THE JUDGES

The makers of the legislation knows about this if a law is clear and have a certainity then every
crime and every breach of law would not be cover in the laws, because there are many different
types of doing a crime and there is one law for that crime. For example: section300 defines
murder in Indian penal code. There is only one definition of murder in IPC but there are many
different way to commit a murder so a legislator makes a uncertainity in the law for a judges to
cover the cases in the law because if the law just and certain then it is very difficult to cover the
cases in the law. So judges interpret the laws by going in the realm of ought.

AMBIGUITY WIDENS THE SCOPE OF LAW

Ambiguity is not a mistake or a omission which is created by a legislator. Legislator make the
ambiguity in the law so that the scope of law will increase. Or if a ambiguity present in a law
than the law can be amend in the future, because a society changed time to time thats why a
need of amendment can be demand at any time. So it is also a one reason for ambiguous laws
that a law can be amend. Sometimes law is seen fair and clear but when it comes in the society
many ambiguities arises like delhi gangrape 2012 which are so heinous crime but one offender
release because he is younger according to the juvenile justice act. So sometimes it is necessary
to make the law ambiguous. After making the amendment in the juvenile justice act the scope of
this act will increase.

JUVINILE JUSTICE ACT 2015

The juvenile justice (Care and protection of children) amendment bill 2015 has been passed by
the rajya sabha. It was introduced in parliament last year after public outrage because one of the
offender in the 2012 gang rape case was a few months short of 18 years of age..

The bill allows for juvenile 16 years or older to be tried as adults for heinous offences like rape
and murder. Heinous offences are those which are punishable with imprisonment of seven years

5
or more. The aim of this law at adjudicating and disposing cases dealing with juviniles keeping
in mind The best interest of the children and their rehabilition.

I want to say that when the age of juvenile is 18 years then it is difficult to give a punishment to a
youngers who did heinous offences then the legislator make the ambiguity in this act that those
are between the age of 16 to 18 years and if they committed heinous offence like rape then they
come under the adults. So after this amendment it depends case to case that who are be guilt and
who are not. Judges will interpret the cases in his own way.

6
 Conclusion
After reading some laws and amendments, it has been seen that the ambiguity is necessary in the
laws because humans are evolved time to time and the nature of the crime is also different
sometimes in that which legislator cant think about that. Like when the nirbhaya gang rape in
delhi was happened the younger was acquitted because he was the minor according to the
juvenile justice act. After that the legislator make the amendment in the juvenile justice act that
the age of the minor comes under the 16 to 18 in which if some do a heinous crime then he come
under the adult category, they make the act ambiguous after that it depends upon case to case and
judge can interpret the cases on his own way and apply his own ought.

I think that the ambiguity sometimes necessary in the laws because if there is no ambiguity then
it is difficult to amend the laws. And ambiguity also widens the scope of law.