Types of Statutes and

their examples
Debadatta Bose
2013041
On basis of duration
Permanent Statutes Temporary Statutes
Life of statute mentioned in statute
Continues in perpetuity
itself
Automatically dissolves after stipulated
Can be repealed expressly or struck
time unless legislature expressly
down by Courts
repeals or Courts strike down
Examples: Civil Procedure Code, 1908 is
Examples: Finance Act is promulgated
still in force even after it was
every year; Indian Independence Act,
promulgated in British India; Indian
1947
Penal Code, 1860 has a similar footing
Proceedings under statute terminate as soon as statute expires S. Krishnan v.
St. of Madras
Merely because a provision is in force for a certain time does not make the
statute temporary. Duration of levy created by Act and life of the Act are
different - P. Kannadasan v. State Of Tamil Nadu
On basis of nature
Mandatory statute
Use of words shall and must, or
negative language, e.g. No person
shall
Prescribes penalty for non-compliance
Examples: Indian Stamp Act, 1899;
Passport Act, 1967
Directory statute
Use of words may
Usually silent about non-compliance
Examples: S. 17(1) of the Industrial
Disputes Act 1947 30 days period
directory; No mention of penalty or
invalidation if arrears of rent not
mentioned in form made even shall
be read as directory M/s. Rubber
House Vs. M/s. Excellsior Needle
Industries Pvt. Ltd.; S. 11(13) of
Arbitration and Conciliation Act
On basis of effect

Prospective Retrospective
Covers acts from which date statute
prescribes usually date of notification Covers all previous acts
of statute
Laws which alter the future legal
No alteration of completed transactions consequences of past actions and
events
Examples: DSNLU (Amendment) Act,
Examples: Arbitration and Conciliation
2012; Karnataka Schedule Caste and
(Amendment) Act, 2015; DSNLU Act,
Scheduled Tribes (Prohibition of
2008
Transfer of Certain Lands) Act, 1978
On basis of operation/extent

General Stautes Specific Statutes Local Statutes

Applicable throughout Applicable to particular Operates only on
territory group of individuals specified territory
Examples: The East
Kolkata Wetlands
Examples: Companies Examples: Hindu Marriage
(Conservation And
Act, 2013; Industrial Act, 1955; Indian Divorce
Management Act, 2006;
Disputes Act, 1947 Act, 1869
The Hoogly River Bridge
Act, 1969
On basis of objective

Enabling Statute Disabling Statute

Enlarges law where it is narrow Restrict or cut down the law
Makes lawful what is otherwise
Shortens ambit of rights
unlawful
Examples: Sections 49A(1) and 49A(2)
Examples: 42nd amendment to the
of the Advocates Act, 1961 as amended
Constitution; Benami Transactions
by Act 21 of 1964; Armed Forces
(Prohibition) Act, 1988
(Special Powers) Act, 1958
Contd.
Permissive Statute
Allows certain acts to be done without
mandating performance
Examples: HinduAdoption and
MaintenanceActof 1956; Companies
Act, 2013
Prohibitory Statute
Forbids doing certain things
Examples: Prevention of Insults to
National Honour Act, 1971; The
Immoral Traffic (Prevention) Act, 1956
Contd.
Codifying Statute
Codifies the law
Aims to state extensively the whole of
law on a particular subject
Examples: Hindu Succession Act, 1956;
Hindu Marriage Act, 1955
Consolidating Statute
Consolidates the law
Combines statutory enactments on a
specific subject into one legislation
Examples: Insolvency and Bankruptcy
Code, 2016; Civil Procedure Code, 1908
Contd.
Curative Statute
Cures defects in law
Examples: Electricity Amendment Act,
2007 Ajoy Kumar Ghosh vs The State
Of WB; Finance Act, 1987 amending S.
22 of Income Tax Act CIT v. Podar
Cement Pvt. Ltd
Repealing Statute
Repeals certain laws
Examples: CrPC, 1973 repealed CrPC,
1898; Hyderabad District Municipalities
Act, 1956 repealed the Hyderabad
Municipal and Town Committees Act,
1951
Contd.

Amending Statute Declaratory Statute

Amends existing statutes Declares certain point of law
Examples: Territorial Waters,
Continental Shelf, Exclusive Economic
Examples: Criminal Law (Amendment)
Zone and Other Maritime Zones Act,
Act, 2013; DSNLU (Amendment) Act,
1976; S. 34(2)(b) definition of public
2016
policy in Arbitration and Conciliation
Act
On basis of content

Substantive Statutes Adjective/Procedural Statutes

Deals with substance of law
Creates or extinguishes rights & duties
Examples: Indian Penal Code, 1860;
Transfer of Property Act, 1882
Procedure of enforcing infringement
Procedure of enforcing those duties
Examples: CrPC, 1973; CPC, 1908
On basis of subject matter/scope

Public Statute Private Statute

Concerned with State and Public Policy Concerned with individuals
Usually grants rights in rem Usually grants rights in personam
Examples: Representation of People
Examples: Indian Contract Act, 1872;
Act, 1951; Right to Information Act,
Hindu Marriage Act, 1955
2005
Contd.

Criminal Statutes Penal Statutes

Deals with crime and their regulations Prescribes punishments for the crime
Examples: Prevention of Corruption
Examples: Indian Penal Code, 1860;
Act, 1988; The Narcotic Drugs and
Information Technology Act, 2000
Psychotropic Substances Act, 1985
Contd.

Punitive Statutes Fiscal Statutes

Deals with punishment only for certain
acts necessary to effectuate provisions
of Act
Examples: Code of Criminal Procedure,
1973; Maternity Benefit Act, 1961
Deals with financial matters
Examples: Finance Act, Income Tax Act,
1961
Contd.

Real Statutes Remedial Statutes

Deals with matters of real estate Makes new remedies available
Example: Workmens Compensation
Example: Real Estate (Regulation and
Act, 1923; The Muslim Women
Development) Act, 2016; Transfer of
(Protection of Rights on Divorce) Act,
Property Act, 1882
1986
Thank You.