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When 'May' Means 'Shall': Key Legal Circumstances
In legal drafting, words like 'may' and 'shall' carry significant weight. While 'shall' typically imposes a mandatory obligation, 'may' is generally permissive or directory. However, the question arises: In what circumstances should the words 'may' be treated as 'shall'? This is a core issue in statutory interpretation, where courts look beyond literal meanings to discern legislative intent. Understanding this helps lawyers, law students, and even the general public navigate laws effectively.
This blog post examines Indian judicial precedents to outline when 'may' transforms into a mandatory directive. Note: This is general information based on case law and not specific legal advice. Legal outcomes depend on facts; consult a qualified attorney for your situation.
Principles of Statutory Interpretation
Statutory interpretation begins with the golden rule: when words are plain and unambiguous, courts give them their literal effect. As held, the golden rule of construction is that when the words of legislation are plain and unambiguous, effect must be given to them Baldev Singh Bajwa VS Monish Saini - 2005 8 Supreme 240. The basic principle is that words must have spoken as clearly to legislatures, as to judges Baldev Singh Bajwa VS Monish Saini - 2005 8 Supreme 240.
However, courts adopt a contextual approach. Definitions and phrases like 'unless there is anything repugnant in the subject or context' allow flexibility Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176. 'May' is not always optional; its mandatory nature depends on:
- Legislative purpose and scheme of the Act.
- Public interest or consequences of non-compliance.
- Nature of the provision (e.g., affecting rights vs procedural).
Directory vs Mandatory Provisions
Provisions are classified as:
- Mandatory: Non-compliance renders action invalid (uses 'shall' or imperative 'may').
- Directory: Substantial compliance suffices (typical 'may').
Courts test this by asking if the statute's object would be defeated by treating it as directory. In All statutory definitions have to be read subject to the qualification... Court has not only to look at the words but also to look at the context, collocation and object of such words Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176.
Key Circumstances Where 'May' is Treated as 'Shall'
Indian courts have outlined specific scenarios where 'may' becomes obligatory:
1. To Meet Ends of Justice or Public Interest
In criminal matters, discretionary powers under CrPC Section 482 (inherent powers of High Court) are not limited by Section 320 (compounding). Court, u/s 320, is guided solely by compromise... In section 482, court is required to take a decision to meet the ends of justice – Power u/s 482 is not limited by section 320 Narinder Singh VS State of Punjab - 2014 2 Supreme 642. Here, 'may' in Section 482 implies a duty in heinous cases like attempt to murder (IPC 307), unless settlement serves justice Narinder Singh VS State of Punjab - 2014 2 Supreme 642.
Similarly, in appeals against acquittal, appellate courts 'may' interfere but must bear in mind... double presumption in favour of the accused. Yet, if evidence demands, they shall review fully Chandrappa VS State of Karnataka - 2007 2 Supreme 177.
2. Procedural Safeguards and Natural Justice
Violation of natural justice via absent notice doesn't always quash orders if no other conclusion was possible on admitted or indisputable facts Aligarh Muslim University VS Mansoor Ali Khan - 2000 6 Supreme 1. But 'may' in rules like Aligarh University Leave Rules 5(8)(i) mandates show-cause notice for absences under 5 years, treating it as obligatory Aligarh Muslim University VS Mansoor Ali Khan - 2000 6 Supreme 1. Courts caution: great care must be taken in applying this exception Aligarh Muslim University VS Mansoor Ali Khan - 2000 6 Supreme 1.
3. Presumptions in Special Statutes (e.g., Dowry Death)
Under IPC Section 304B, if cruelty/dowry demand precedes death within 7 years, the court shall presume dowry death (Evidence Act 113B). Courts distinguish: circumstances concerned 'must or should' and not 'may be' established... grammatical but a legal distinction between 'may be proved' and 'must be or should be proved' Jyoti Kamal Ghosh VS State of West Bengal - 2024 Supreme(Cal) 1077. 'May' in evidentiary contexts becomes mandatory for presumptions Sampat Ram Dewangan S/o Kartik Ram Dewangan VS State Of Chhattisgarh - 2024 Supreme(Chh) 621, Krishna Chandra Mahto @ Krishna Mahto vs State of Jharkhand - 2025 Supreme(Jhk) 1440.
Prosecution must prove cruelty or harassment... soon before her death, shifting burden Sampat Ram Dewangan S/o Kartik Ram Dewangan VS State Of Chhattisgarh - 2024 Supreme(Chh) 621.
4. Writ Jurisdiction and Alternative Remedies
Article 226 'may' issue writs for any purpose, but if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction – yet not an absolute bar in fundamental rights violations Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176. Context makes 'may' mandatory where no jurisdiction exists.
5. Eviction and Special Laws
In rent laws, NRI landlord's Section 13B claim presumes genuine need unless rebutted strongly. allegations made by the NRI landlord of his requirement shall be presumed to be genuine and bonafide unless rebutted Baldev Singh Bajwa VS Monish Saini - 2005 8 Supreme 240. 'May' in affidavits becomes presumptive mandate.
When 'May' Remains Directory
Not always mandatory:
- Election disclosures: Omission in Form 26 doesn't void if not material Arjunadada Dashrath Bhuse VS Dadaji Dagadu Bhuse - 2011 Supreme(Bom) 216.
- Compensation calculations: Courts 'may' consider prospects but prefer multipliers Sarla Verma VS Delhi Transport Corporation - 2009 3 Supreme 487.
- Telephone tapping: Section 5(2) 'may' permits but requires safeguards; procedural Peoples Union For Civil Liberties VS Union Of India - 1996 8 Supreme 673.
In Motor Vehicles Act, 'may' for pay revisions is directory: actual future pay revisions should not be taken into account Sarla Verma VS Delhi Transport Corporation - 2009 3 Supreme 487.
| Circumstance | 'May' as Mandatory? | Example Case |
|--------------|---------------------|--------------|
| Public safety/justice | Yes | CrPC 482 Narinder Singh VS State of Punjab - 2014 2 Supreme 642 |
| Natural justice | Generally yes | Leave rules Aligarh Muslim University VS Mansoor Ali Khan - 2000 6 Supreme 1 |
| Presumptions (dowry) | Yes | IPC 304B Jyoti Kamal Ghosh VS State of West Bengal - 2024 Supreme(Cal) 1077 |
| Discretionary review | No, if compliant | Acquittal appeals Chandrappa VS State of Karnataka - 2007 2 Supreme 177 |
| Procedural notices | Context-dependent | Writs Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176 |
Additional Context: Judicial Trends
Courts emphasize living interpretation: A Constitution is... a living and organic thing and must adopt itself to changing situations State Of A. P. , Home Dept. VS Mini Taxi Owners and Drivers Association, Hyderabad - 2001 Supreme(AP) 482. In delegated legislation, 'may' can't supplant parent Act Kerala State Electricity Board VS Thomas Joseph Alias Thomas M. J. - 2022 Supreme(SC) 1265.
For service rules, resignation vs VRS: 'May' retire after qualifying service is strict; can't improvise benefits Sanjay Narayen vs Union of India through the Secretary, Ministry of Personnel, Public Grievances and Pensions - 2025 Supreme(Online)(CAT) 4105.
Conclusion and Key Takeaways
'May' becomes 'shall' when:
1. Context/legislative scheme demands it to achieve purpose.
2. Non-compliance defeats justice or public interest.
3. Linked to presumptions or rights protection.
4. Plain words + object indicate obligation.
Key takeaway: Always analyze context, object, and consequences. As reiterated, interpret words of Constitution on same principle... but... most beneficial to widest possible amplitude State Of A. P. , Home Dept. VS Mini Taxi Owners and Drivers Association, Hyderabad - 2001 Supreme(AP) 482.
This nuanced approach ensures laws serve intent, not rigidity. For case-specific application, seek professional advice – laws evolve, and facts vary.
Disclaimer: This article summarizes precedents for educational purposes. It does not constitute legal advice. Consult a lawyer for personalized guidance.
(Word count: approx. 1050)
Search Results for "When 'May' Means 'Shall': Key Legal Circumstances"
2009 3 Supreme 487 • India - Supreme Court
R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
also be sounded in terms of money to augment the multiplicand – Where the deceased had a stable job, the court can take note of ... the Act – However this norm is not inflexible – In case of large number of dependents, unit method has to be adopted – Norms further ... The Tribunal arrived at the loss of dependency to the family as Rs.5,94,000/-. ... A departure therefrom should be#HL_END....
2012 7 Supreme 1 • India - Supreme Court
R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA, ANIL R.DAVE
do complete and substantial justice - Should not be exercised as against the express bar of law. ... commit such offences u/s 34/149 IPC - Also compoundable in ... Facts of the case: ... The crucial issue in this case is ... —Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be#HL....
2014 2 Supreme 642 • India - Supreme Court
K.S.RADHAKRISHNAN, A.K.SIKRI
murder – If it is treated a heinous crime, it will be crime against society – Such offender has to be punished – Settlement between ... take the life of another person has to be treated as a heinous crime and against the society – a (Para 27) ... p align="justify" ... guided solely by compromise between the parties – In section 482, court is required t....
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
circumstances in present case such statements may be admissible and that too not foil proving positive fact but as an indication ... be admissible under Section 32 of Evidence Act - This is always not so and cannot be so - In very exceptional circumstances like ... may also be admissible as being a part of transaction of death - It is manifest ....
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
that an incoming Government under all circumstances, should put its seal of approval to all the commissions and omissions of the ... Whoever he may be, however high he is, he is under the law. ... We are afraid if such a view is to be judicially accepted and approved, then it will be tantamount to laying down an alarming proposition ... The, granting of #HL_STAR....
2001 0 Supreme(AP) 482 • India - Andhra Pradesh
S.B.SINHA, V.V.S.RAO
law but it must not try to give meaning on theory of what law should be but it must so look upon a Constitution that it is a living ... required to be given to operators nor any public opinion or expert opinion is required to be obtained - According to learned Advocate-General ... been set aside by learned single Judge - Held, We should interpret words of Constitution on same principle of interpretation as one ... But in the #HL_STA....
2000 6 Supreme 1 • India - Supreme Court
J.JAGANNADHA RAO, Y.K.SABHARWAL
Therefore, the absence of a notice in the latter situation must be treated as having made no difference. ... Let us take another situation where the officer does not join in identical circumstances but is not given notice under Rule 5(8)( ... (i) Aligarh University Non-Teaching Employees (Terms and Conditions of Service) Rules, 1972-Rule 10(c)(ii)-Aligarh University Revised ... Thus, in our view, in the above peculiar circumstances, the only conclusion that ....
2025 Supreme(Online)(CAT) 4105 • India - Central Administrative Tribunal
Manish Garg, J, Anand S. Khati, ACJ
(Issues): - Whether the resignation tendered can be treated as voluntary retirement for purposes of pensionary benefits under AIS ... (Quoted phrases: “the expressions...carry different meanings in common parlance. ... (DCRB) Rules, 1958; whether retirement benefits can be denied or granted contrary to express terms; whether the government is bound ... , whether in the facts and circumstances of the case, the respondent is entitled ....
2011 0 Supreme(Bom) 216 • India - Bombay
ROSHAN DALVI
It must, therefore, be seen whether the election of the respondent is required to be declared void. ... The description of that offence must not be in numerical terms by giving the numbers of the sections of the IPC which is the general ... His nomination is void. It could not have been accepted. Hence the votes cast in his favour must be wasted. ... That could not have been in Marathi language. .....
1996 8 Supreme 673 • India - Supreme Court
KULDIP SINGH, S.SAGHIR AHMAD
The use of the intercepted material shall be limited to the minimum that is necessary in terms of Section 5(2) of the Act. ... Each copy made of any of the intercepted material shall be destroyed as soon as its retention is no longer necessary in terms of ... the information which is considered necessary to acquire could reasonably be acquired by other means. ... clearly lays-down the situations/conditions under wh....
1975 0 Supreme(SC) 133 • India - Supreme Court
N.L.UNTWALIA, P.K.GOSWAMI, Y.V.CHANDRACHUD
That which may be cruel to one person may be laughed off by another, and what may not be cruel to an individual under one set of circumstances may be extreme cruelty under another set of circumstances." American Jurisprudence, 2nd Edn., Vol. 24, p. 206. ... It is difficult in these circumstances to accept the appellant's agreement either, that the respondent deserted him or that she treated him with cruelty after her earlier conduct was condoned by h....
2024 0 Supreme(Cal) 1077 • India - Calcutta
SOUMEN SEN, UDAY KUMAR
It may be noted here that this Court indicated that the circumstances concerned "must or should" and not "may be" established. ... "the court shall presume that such person had caused dowry death." ... woman’s husband or his relative “shall be deemed to have caused her death”. ... The learned Judge also observed that such evidence may be strong in parts but it may also leave great gaps and rents through which the accused may escape. Therefore, certa....
2024 0 Supreme(Chh) 621 • India - Chhattisgarh
ARVIND KUMAR VERMA
For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend ... The demand of dowry, cruelty or harassment based upon such demand and the date of death should not be too remote in time which, under the circumstances, be treated as having become stale enough." 25. ... In....
2025 0 Supreme(Jhk) 1440 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Gautam Kumar Choudhary
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.” 39. ... The demand of dowry, cruelty or harassment based upon such demand and the date of death should not be too remote in time which, under the circumstances, be treated as having become stale enough.’ ... her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such ....
2025 Supreme(Online)(Ori) 5806 • India - IN THE HIGH COURT OF ORISSA AT CUTTACK
Sibo Sankar Mishra
In the above mentioned circumstances both section 304(B) of I.P.C. and Section 113(B) of the Indian Evidence Act contemplate that the court shall presume that the accused has caused the death of the deceased. ... The convict-appellant shall appear before the learned Trial Court within one month from today to serve the remainder of the modified sentence, failing such appearance, he may be taken into custody in accordance with law. 38. ... The learned Trial Court has rightly treated Ext.1 as the FIR. 27....
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