Word “Means” and “Includes”

In P. Kasilingam v. P.S.G. College of Technology, 1995 Supp (2) SCC 348 the Hon’ble Supreme Court was dealing with the expression “means and includes”, wherein it was observed as follows:

“A particular expression is often defined by the legislature by using the word “means” or the word “includes”. Sometimes the words “means and includes” are used. The use of the word “means” indicates that ‘definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition’. (See  Gough v. Gough, (1891) 2 QB 665 (CA); Punjab Land Development and Reclamation Corpn. Ltd. v. Labour Court, (1990) 3 SCC 682). The word “includes” when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according to their natural import but also those things which the clause declares that they shall include. The words “means and includes”, on the other hand, indicate ‘an exhaustive explanation of the meaning which, for the purposes of the Act, must invariably be attached to these words or expressions’. (See:  Dilworth v. Commr. of Stamps, 1899 AC 99 (PC); Mahalakshmi Oil Mills v. State of A.P., (1989) 1 SCC 164). ”

It is thus clear that the word “means” indicates that the definition is exhaustive and complete. It is a hard-and-fast definition and no other meaning can be given to it. On the other hand, the word “includes” enlarges the scope of the expression. The word “includes” is used to signify that beyond the meaning given in the definition clause, other matters may be included keeping in view the nature of the language and object of the provision. D.A.V. College Trust & Management Society v. Director of Public Instructions, (2019) 9 SCC 185