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Rule

Noscitur a Sociis is a Latin phrase meaning "it is known by its associates." [1] It is a doctrine of statutory interpretation that holds that the meaning of an unclear or ambiguous word should be determined by the words surrounding it. [2] Specifically, if a word is capable of multiple meanings, the meaning is narrowed by considering the meaning of neighboring words in the context of the overall phrase or provision. [3] For example, if a list includes the words "case" and "canister," a cloth bag would not be considered a case under this doctrine since the words have similar strengths.

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342 views

Rule

Noscitur a Sociis is a Latin phrase meaning "it is known by its associates." [1] It is a doctrine of statutory interpretation that holds that the meaning of an unclear or ambiguous word should be determined by the words surrounding it. [2] Specifically, if a word is capable of multiple meanings, the meaning is narrowed by considering the meaning of neighboring words in the context of the overall phrase or provision. [3] For example, if a list includes the words "case" and "canister," a cloth bag would not be considered a case under this doctrine since the words have similar strengths.

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1994sameer
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Noscitur a Sociis

Noscere means to know and sociis means association. Thus, Noscitur a


Sociis means knowing from association. Thus, under the doctrine of
"noscitur a sociis" the questionable meaning of a word or doubtful words
can be derived from its association with other words within the context of
the phrase. This means that words in a list within a statute have meanings
that are related to each other. If multiple words having similar meaning
are put together, they are to be understood in their collective meaning.
According to Maxwell, "this rule means that when two or more words
susceptible to analogous meaning are clubbed together, they are
understood to be used in their cognate sense. They take as it were their
colour from each other, i.e. the more general is restricted to a sense
analoguous to a less general".
This doctrine is broader than the doctrine of ejusdem generis because
this rule puts the words in context of the whole phrase and not just in
relation to the nearby words. The language of the phrase can be used as a
guide to arrive at the true meaning of the word. This rule is illustrated in
Foster v Diphwys Casson (1887) 18 QBD 428, involving a statute
which stated that explosives taken into a mine must be in a "case or
canister". Here the defendant used a cloth bag. The courts had to consider
whether a cloth bag was within the definition. Under Noscitur a sociis, it
was held that the bag could not have been within the statutory definition,
because parliament's intention was refering to a case or container of the
same strength as a canister.
In State of Assam vs R Muhammad AIR 1967, SC made use of this
rule to arrive at the meaning of the word "posting" used in Article 233 (1)
of the Constitution. It held that since the word "posting" occurs in
association with the words "appointment" and "promotion", it took its
colour from them and so it means "assignment of an appointee or a
promotee to a position" and does not mean transfer of a person from one
station to another.
Noscitur a sociis is only a rule of construction and it cannot be used when
it is clear that the word with wider meaning is deliberately used in order to
increase the scope. It can only be used when the intention of the
legislature in using a word with wider sense along with the words with
narrower meaning is not clear. Further, this rule can only be used when
the associated words have analogous meaning. It cannot be used when
the words have disjoint meanings. For example, in the case of Lokmat
Newspapers vs Shankarprasad AIR 1999, it was held that the words

"discharge" and "dismissal" do not have the same analogous meaning and
so this rule cannot be applied.

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