Definition
A rule of statutory interpretation that where specific words belonging to a genus or class are followed by general words, the general words are interpreted to cover only things of the same genus or class as the specific words — not things of a different, broader kind.
Ejusdem generis (Latin: 'of the same kind') operates as follows: where a statute lists specific items (say, 'cats, dogs, horses, and other animals'), the general words ('other animals') are interpreted to mean only animals of the same kind as those specifically listed — not fish, birds, or insects. The specific items define a class (in this example, domesticated mammals); the general words extend the provision to other members of that class. This rule prevents the general words from swallowing the specific words or rendering the specific listing pointless.
Statutory Definition
No statutory definition — ejusdem generis is a judge-made rule of interpretation. Widely applied by Indian courts: Supreme Court in <em>M/s Banwarilal Bansidhar v. State of UP</em> AIR 1997 SC 367 applied ejusdem generis to statutory provisions listing specific items followed by general words. The court held that general words following specific enumeration must be confined to the category established by the specific words.
Etymology & Origin
Latin 'ejusdem' (genitive of 'idem' — the same) + 'generis' (genitive of 'genus' — kind, class, type). 'Of the same kind' — the general words must cover only things of the same kind or class as the specific words that precede them.
Full Legal Analysis
Ejusdem Generis: The General Words Stay in Their Class
When a legislature lists specific items and then adds 'and other things,' what does 'other things' mean? Everything? Or only things similar to those listed? Ejusdem generis answers: only similar things. The specific items define a category; the general words extend the provision to other members of that category. This rule gives the specific listing meaning and prevents the general words from making the specifics redundant.
Classic Examples
(a) In a statute banning 'lions, tigers, bears, and other dangerous animals' — 'other dangerous animals' means other large dangerous mammals, not small insects or fish (even if technically dangerous). (b) In a tax statute exempting 'woollen, linen, cotton, silk, and other fabrics' — 'other fabrics' means other woven fabrics, not paper or leather. (c) In a penal statute prohibiting 'forgery, fraud, false representation, and other dishonest acts' — 'other dishonest acts' means acts of dishonesty similar to those listed, not all wrongful acts generally.
When Ejusdem Generis Applies and When It Doesn’t
The rule applies when: (a) there is a list of specific items; (b) all specific items belong to a common genus or class; (c) the general words follow the specific items. The rule does NOT apply when: (a) the specific items are so diverse that no common class can be identified — if the list itself is heterogeneous, no genus can be established and the general words must be read as general; (b) the context shows the legislature intended the general words to be broader than the specific items; or (c) there is only one specific item followed by general words — courts differ on whether a single specific item establishes a 'class.'
“Ejusdem generis is the court’s refusal to let general words overwhelm specific ones. If the legislature listed specific things, it had a reason for listing them — that reason is the class, and the general words must stay within it. Otherwise the specific listing becomes meaningless.”
