Explain the meaning of the expression noscitur a sociis?

Answer 1

(n¯o 9 -si-ter ¯a s¯o 9 -she-is)-Lat.: it is known by its associates. Under this rule of statutory construction, the meaning of a word in a statute is ascertained in light of the meaning of the words with which it is associated. 250 N.W. 2d 412, 413.

The rule not to be applied where the series of words convey a clear and definite meaning.

When two or more words in a statute are grouped together, and ordinarily have a similar meaning but are not equally comprehensive, the general word will be limited and qualified by the specific word. 218 S.E. 2d 735, 740.

Noscitur a sociis (Lat.)-

1. "It is recognized by partners."

2. "The meaning of a doubtful word may be ascertained by reference to the meaning of the words associated with it."

3. "A rule of construction which means that when two or more words which are susceptible of analogous meaning are coupled together they are understood to be used in their cognate sense."

4. "A rule of language used by the courts to help interpret legislation, under which the questionable meaning of a doubtful word can be derived from its association with other words."

Foster v Diphwys Casson (1887) 18 QBD 428, involved 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 referring to a case or container of the same strength as a canister.

In London Drugs Ltd. v. Truscan Realty Ltd., the British Columbia Supreme Court, Justice Legg presiding, had to give meaning to the word "supermarket" but stated as a "food supermarket", and adopted these words:

"It is known from its associates. The meaning of a word is or may be known from the accompanying words. Under the doctrine of noscitur a sociis, the meaning of questionable words or phrases in a statute may be ascertained by reference to the meaning of words or phrases associated with it.

"The wording which accompanies the words food supermarket indicates that food supermarket in the lease means a supermarket limited to the selling of items of food."