Introduction: – The most basic function of any court is interpretation. Whenever a dispute reaches a court, the court is supposed to interpret the statutes. The statute finds in itself the formal expression of the legislative wing of the government. The will of the legislature finds its formal expression in the statute; it is the primary duty of the court to find out what was intended by the legislature by the use of particular kind of language in the statute.
There are already some set rules which the courts have to go by and there can be no room left for arbitrariness. Many times, it so happens, the terms construction and interpretation get used synonymously but the reality being that the two are actually different in the jurisprudential sense. Interpretation involves the assigning of a true sense to the words of a statute, going by the natural and ordinary meaning while construction means, to draw conclusions, focusing on the true character of the enactment even though on reading them, the words may not ordinarily give the same conclusion, especially when the most ordinary meaning of the words point at something slightly different.
Aid is a device which helps or assists the courts for interpreting and constructing. The court has to take help from certain internal plus external aids to facilitate construction. Internal Aids may include those parts which the statute contains, and these may not form part of the Act or statute.
- These include essentially, the short title, the long title, preamble, headings, marginal notes, illustrations, punctuation, provisos, schedules etc.
- There comes a point where the internal aids might not suffice the job of construction and at that point, the Courts have to take resort in the External Aids.
The External Aids consist of parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions etc. In the case of B. Prabhakar Rao and Others vs. State of A.P. and Others it was observed by O.
- Chennappa Reddy, J.
- That, “Where internal aids are not forthcoming, we can always have recourse to the external aids to discover the object of the legislation.” The honourable Supreme Court in the case of K.P.
- Varghese vs.
- Income Tax Officer Ernakulam has held that “interpretation of statute being an exercise in the ascertainment of meaning, everything which is logically relevant should be admissible.” By the internal aids to construction, it is meant that those aids to the construction which have been provided in the Act itself,
The whole enactment aids in the process of interpretation; all the components of the enactment are resourceful in constructing.
Contents
- 0.1 What are internal aids to the interpretation of statutes assess the importance of any four in the interpretation of statutes?
- 0.2 What is interpretation and construction?
- 0.3 What are the different aids to construction?
- 1 How important are internal aid and external aid important for interpretation?
What is the meaning of Internal aids?
Internal aids mean those materials which are available in the statute itself, though they may not be part of enactment. These internal aids include, long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc.
What are internal aids to the interpretation of statutes assess the importance of any four in the interpretation of statutes?
Internal Aid of Interpretation: Internal Aid of Interpretation: Introduction: An Aid means a device that helps or assists. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids.
- Internal Aids:
- Internal Aid means those aids which are available in the statute itself.
- 1. Title:
- The Long title of a Statute is an internal part of the Statute and is admissible as an aid to its construction.
- Statute is headed by a Long title and it gives the description about the object of an act.
- In recent times, long title has been used by the courts to interpret certain provision of the statutes.
- Case Law: Manohar Lal vs. State of Punjab
- In this case, it was held that Long title of the Act is relied as a guide to decide the scope of the Act.
The Short title of an Act is for the purpose of reference and for its identification. It ends with the year of passing of the Act.
- Example: “The Indian Evidence Act, 1872”, “The Indian Penal Code, 1860”.
- 2. Preamble:
- The main objective and purpose of the act are found in the Preamble of the Statute.
- Preamble is an Act in a nutshell.
- Case Law: kashi Prasad vs. State
- In this case, court held that it can be treated as a key for the interpretation of the statute.
- 3. Heading and Title of a Chapter:
- Headings are of two kinds – One preferred to a section and other preferred to a group or set of sections.
- Example:
- 1.Ch-XVI of IPC: Heading: Offences affecting the Human Body
2.Sec.300: Murder.
- Case Law: Durga Thathera vs. Narain Thathera
- In this case, court held that the headings are like a preamble which helps as a key to the mind of the legislature but do not control the substantive section of the enactment.
- 4. Marginal Notes:
- Marginal notes are the notes which are inserted at the side of the sections in an Act and express the effect of the sections stated.
- If the words used in the statute are clear and unambiguous, the marginal note cannot control the meaning, but in case of ambiguity or doubt, marginal note may be referred to.
- 5. Definitional Sections:
- The object of a definition is to avoid the necessity of frequent repetition in describing the subject matter to which the word or expression defined is intended to apply.
- A definition contained in the definition clause of a particular statute should for the purpose of that Act.
- Definition from any other statute cannot be borrowed and used ignoring the definition contained in the statute itself.
- 6. Illustrations:
- Illustrations in enactment provided by the legislature are valuable aids in understanding the scope.
- Case Law: Mahesh Chandra Sharma vs. Raj Kumari Sharma
- In this case, it was held that illustrations are parts of the section and help to elucidate the principles of the section.
- 7. Proviso:
- A proviso is added to an enactment to qualify or create an exception to what is in the enactment.
- 8. Explanation:
- An explanation is added to a section to elaborate upon and explain the meaning of the words appearing in the section.
- An Explanation to a statutory provision has to be read with the main provision to which it is added as an Explanation.
- 9. Punctuation:
- Punctuation is a minor element in the construction of a statute.
- Only when a statute is carefully punctuated and there is no doubt about its meaning can weight to given to punctuation.
- It cannot, however, be regarded as a controlling element for determining the meaning of a statute.
- 10. Conjunctive and Disjunctive words:
The word “and” is conjunctive and the word “or” is disjunctive. These words are often interchangeable. The word ‘and’ can be read as ‘or’ and ‘or’ can be read as ‘and’.11. Exceptions and savings clause: To exempt certain clauses from the preview of the main provisions, an exception clause is provided.
- The things which are not exempted fall within the purview of the main enactment.
- The saving clause is also added in cases of repeal and re-enactment of a statute.12.
- Schedules Schedules form part of a statute.
- They are at the end and contain minute details for working out the provisions of the express enactment.
The expression in the schedule cannot override the provisions of the express enactment. Inconsistency between schedule and the Act, the Act prevails. Conclusion: Internal aids to construction will be: preamble to the Act, headings, marginal notes, Definition sections, provisos, explanation, schedules, etc.
- These are internal aids to construction because they are contained in the statute itself.
- Internal aids such as preamble of a statute states the main purpose the statute.
- Statutes are often highly complex, particularly those that enact into law broad or multifaceted federal policies Therefore internal aids hold great importance in interpretation of Statute.
: Internal Aid of Interpretation:
What is interpretation and construction?
Interpretation. Construction. Interpretation is the process of ascertaining the true meaning of the words and the Purpose of the legislation. Construction is the process of using the legal text to draw conclusions that go beyond its plain language to solve Inconsistencies.
What do you mean by beneficial construction?
Beneficial construction is an interpretation to secure remedy to the victim who is unjustly denied of relief. The interpretation of a statue should be done in such a way that mischief is suppressed and remedy is advanced.
What are external aids to interpret legislation?
University Library: Law: Extrinsic Materials Extrinsic materials are documents which do not form part of an Act but can be used in court to assist in the interpretation of that Act. The Interpretation Act in each jurisdiction specifically defines what can be considered as extrinisic material un that jurisdiction.
What are the different aids to construction?
Examples of internal aids to construction will be: preamble to the Act, headings, marginal notes, Definition sections, provisos, explanation, schedules, etc. These are internal aids to construction because they are contained in the statute itself.
What are the aids to constitutional construction?
STATUTORY CONSTRUCTION II CHAPTER 3
- CHAPTER 3:
- AIDS TO CONSTRUCTION
- A. IN GENERAL
- Intrinsic aids – aids to construction are those found in the printed page of the statute itself,
Extrinsic aids – Extraneous facts and circumstances outside the printed page. Title The title may indicate the legislative intent to extend or restrict the scope of the law, and a statute couched in a language of doubtful import will be construed to conform to the legislative intent as disclosed in its title.
The rule that the title may serve as a guide carries more weight in this jurisdiction because of the constitutional requirement that every bill shall have one subject as expressed in the title thereof. When Resort to title not authorized When the text is clear it is improper to resort to its title to make it obscure.
Preamble It is that part of the stature written immediately after its title which states the purpose, reason or justification for the enactment of the law and usually expressed in the form of “whereas” clauses. Though it is not, strictly speaking, a part of a statute, it is the key to the statute for its sets out the intention of the legislature.
It may restrict what otherwise appears to be a broad scope of a law, or require, in the commission of a crime, an element not clearly expressed in its text. It may express the legislative intent to make the law apply retroactively, in which case the law has to be given retroactive effect, so as to carry out such intent (PNB v.
Office of the President). Context of Whole Text Legislative intent should accordingly be ascertained from a consideration of the whole context of the stature and not from an isolated part of particular provision (Aboitiz Shipping Corp.v. City of Cebu).
- The context may circumscribe the meaning of a statute, it may give to a word or phrase a meaning different from its usual or ordinary signification.
- In such a case, the meaning dictated by the context prevails.
- Every section, provision or clause of the statute must be expounded by reference to each other in order to arrive at the effect contemplated by the legislature.
The intention of the legislature must be ascertained from the whole text of the law and every part of the act is taken into view (Commissioner of Internal Reveneu v. TMX Sales). Punctuation Marks A semi-colon – indicate a separation in the relation of the thought, a degree greater than that expressed by a comma; and what follows a semi-colon must have a relation to the same matter which precedes it.
- The comma and the semi-colon are both used for the same purpose – to divide sentences and parts of sentences, the only difference is that semi-colon makes the division a little more pronounced.
- They are not used to introduce a new idea.
- Punctuation marks are aids of low degree and can never control against the intelligible meaning of written word.
Capitalization of Letters Like punctuation marks, capitalization is an aid of low degree in the construction of statute. Example: in a statute which provides that ” a will made within the Philippine Islands by a citizen or subject of another state or country, which is executed in accordance with the law of the state or country of which he is a citizen or subject, and which”, in force at a time when the Philippines was still a territory of the US, the fact that the words “state and country” are not capitalized does not mean that the United States is excluded form the phrase “another state or country.” Headnotes, Headings or Epigraphs Are convenient index to the contents of its provisions.
- However they are not entitled too much weight, and inferences drawn therefrom are of little value and they can never control the plain terms of the enacting clause, for they are not part of the law.
- Secondary aids, such as headnotes or epigraphs, may be consulted to remove, but not to create nor to limit or control the plain language of the law.
Lingual text Philippine laws are officially promulgated either in English, Spanish or Filipino, or either in two such languages. The rule is that, unless otherwise provided, where a statute is officially promulgated in English and Spanish, the English text shall govern, but in case of ambiguity, omission or mistake, the Spanish may be consulted to explain the English text.
- Intent or spirit of the law The intent or spirit of the law is the law itself,
- For this reason, legislative intent or spirit is the controlling factor, the leading star and guiding light in the application and interpretation of a statute.
- Policy of law The policy of the law once ascertained should be given effect by the judiciary.
One way of accomplishing this mandate is to give a statute of doubtful meaning, a construction that will promote public policy.
- Purpose of law or mischief to be suppressed
- The court much look to the object to be accomplished, the evils to be remedied, or the purpose to be subserved, and should give the law a reasonable or liberal construction which will best effectuate its purpose.
- Dictionaries
- While definition s given by lexicographers are not binding, courts have adopted, in proper cases, such definitions to support their conclusion as to the meaning of the particular words or terms used in a statute, esp where no strong reason exists why their dictionary meaning should not be adopted in the construction of the statute.
Consequences of various constructions In construing a statute, the objective should always be to arrive at a reasonable and sensible interpretation that is in full accord with the legislative intent. As a general rule, a construction of a statute should be rejected that will cause injustice or hardship, result in absurdity, defeat legislative intent or spirit, preclude accomplishment of legislative purpose or object, render certain words or phrases a surplusage, nullify the statute or make any of its provisions nugatory.
- Presumptions
- Include: presumptions in favor of the constitutionality of a statute, of its completeness, of its prospective operation, of right and justice, of its effective, sensible, beneficial and reasonable operation as a whole, as well as those against the inconsistency and implied repeal, unnecessary changes in law, impossibility, absurdity, injustice and hardship, inconvenience, and ineffectiveness.
- B. LEGISLATIVE HISTORY
- Generally
- It is a well settled rule of statutory construction that where a statue is susceptible of several interpretations or where there is ambiguity in its language, there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute.
- What constitutes legislative history
If the statute is based on, or is a revision of, a prior statute, the latter’s practical application and judicial construction, the various amendments it underwent, and the contemporary events at the time of its enactment form part of its legislative history.
- President’s message to legislature
- The president’s message indicates his thinking on the proposed legislation which, when enacted into law, follows his line of thinking on the matter.
- Explanatory Note
- Where there is ambiguity in a statue or where a statute is susceptible of more than one interpretation, courts may resort to the explanatory note to clarify the ambiguity and ascertain the purpose or intent of the statute
- Legislative Debates, views and deliberations
Courts may resort to the legislative deliberations in the legislature on a bill which eventually was enacted into law to ascertain the meaning of its provisions. Thus, where there is doubt as to what a provision of a statute means, that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted.
- However the views expressed by the legislators during the deliberation of a bill as to the bill’s purpose, meaning, or effect are not controlling in the interpretation of the law.
- The opinions expressed by legislators in the course of debates concerning the application of existing laws are not also given decisive weight, especially where the legislator was not a member of the assembly that enacted said laws.
- Reports of commissions
- In the codification of laws, commissions are usually formed to compile and collate all laws on particular subject and to prepare the draft of the proposed code
- Prior law from which statute is based
- In ascertaining the intention of the lawmaker, courts are permitted to look to prior laws on the same subject and to investigate the antecedents of the statute involved.
- Change in phraseology by amendments
The change in phraseology by amendment of a provision of law indicates a legislative intent to change the meaning of the provision from that it originally had. In construing the amended provision, courts may investigate the history of the provision to ascertain legislative intent as to the meaning or scope of the amended law.
Amendment by deletion As a rule, the amendment by deletion of certain words or phrases in a statute indicate that the legislature intended to change the meaning of the statute, for the presumption is that the legislature would not have made the deletion had the intention been not to effect a change in its meaning.
The amended statute should accordingly be given a construction different from that previous to its amendment. Exceptions to the rule The rule that an amendment of a statute indicates a change in meaning from that which the statute originally had applies only when the deleted words or phrases are not surplusage or when the intention is clear to change the previous meaning of the old law.
- The rule does not apply where the intent, as shown by history of the enactment, is clear that the amendment is precisely to plainly express that construction of the act prior to its amendment because its language is not sufficiently expressive of such construction.
- Adopted statute The general rule is that where local statutes are patterned after or copied from those of another country, the decisions of the courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes.
The reason is that the legislature, in adopting from another country a statute which has previously received judicial construction in that country, is deemed to have adopted the statute with such construction and practical application in the country of origin.
- The adopted statutes are thus generally construed in accordance with the construction given similar statutes in the US, unless special reasons, local customs, and practice require otherwise.
- Limitations to the rule
- The general rule that a statute which has been adopted from that of a foreign country should be construed in accordance with the construction given it in the country of origin is not without limitations.
- Principles of common law
While common law as known in Anglo-American jurisprudence is not in force in this country, save only insofar as it is founded on sound principles applicable to local conditions and is not in conflict with existing laws, nevertheless many of the principles of the common law have been imported into this jurisdiction as a result of the enactment of laws and establishment of institutions similar those of the United States.
Courts may thus properly resort to common law principles in construing doubtful provisions of a statute, particularly where such statute is modeled upon Anglo-American precedents. However there is a conflict between a common law principle and a statutory provision, the latter prevails. Conditions at time of enactment In enacting a statute, the legislature is presumed to have taken into account the existing conditions of things at the time of its enactment.
For this reason, it is proper, in the interpretation of a statute to consider the physical conditions of the country and the circumstances then obtaining which must of necessity affect its operation in order to reach an understanding as to the intent of the legislature, or as to the meaning of the statute.
- C. CONTEMPORANEOUS CONSTRUCTION
- Generally
- Contemporary or practical constructions are the constructions placed upon statutes at the time of, or after, their enactment by the executive, legislature, or judicial authorities, as well as those who, because of their involvement in the process of legislation, are knowledgeable of the intent and purpose of the law, such as draftsmen and bill sponsors.
- Contemporanea exposition est optima et fortissima in lege – the contemporary construction is strongest in law.
- Kinds of Executive Construction, generally
What is commonly known as contemporaneous construction is the construction placed upon the statute by an executive or administrative officer called upon to execute or administer such statute. Accordingly, executive and the administrative officers are generally the very first officials to interpret the law, preparatory to its enforcement.
- Three type of executive interpretations:
- (1) construction by an executive or administrative officer directly called to implement the law, expressed or implied, expressed such as circular, directive, or regulation;
- (2) by the Secretary of Justice in his capacity as the chief legal adviser of the government, in the form of opinions issued upon the request of the executive
- (3) interpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial power.
- Weight accorded to contemporaneous construction
Generally speaking, where there is doubt as to the proper interpretation of a statute, the uniform construction placed upon it by the executive or administrative officer charged with its enforcement will be adopted, if necessary to resolve the doubt.
- Weight accorded to usage and practice
- -Optimus interpres rerum usus – the best interpreter of the law is usage
- Construction of rules and regulations
- An administrative agency has the power to interpret its own rules and such interpretation becomes part of the rules.
- Reasons why contemporaneous construction is given much weight
- (1)it comes from the particular branch of government called upon to implement the law thus construed.
- (2) executive officials are presumed to have familiarized themselves with all the considerations pertinent to the meaning and purpose of the law, and to have formed an independent, conscientious and competent expert opinion thereon.
(3) there are frequently the drafters of the law they interpret. In short, due to their competence, expertness, experience, and informed judgment. And there is a need for certainty and predictability in the law. When contemporaneous construction disregarded It is neither controlling nor binding upon the court.
The court may disregard the law CC, where there is no ambiguity, where the construction is clearly erroneous, where strong reason to the contrary exists, and where the court has previously given the statue a different interpretation. If it is erroneous then should be declared null and void. Erroneous contemporaneous construction does not preclude correction nor create rights; exceptions The error may be corrected when the true construction is ascertained.
As a rule, an erroneous CC creates no vested right on the part of those who relied upon, and followed such construction. A vested right may not arise from a wrong interpretation of a law by an administrative or executive officer whose primary duty is to enforce, and not to construe, the law.
And the government is never estopped by the mistake or error on the part of its agents. The rule is not absolute, but admits exceptions in the interest of justice and fair play. (true in tax cases) Legislative interpretation The fact that the interpretation of a statue is primarily a judicial function does not preclude the legislature form indicating its construction of a statute it enacts into law.
It may thus provide in the statute itself an interpretative or declaratory clause prescribing rules of construction or indicating how its provisions should be construed. It may also define the terms used in a statute, enact a declaratory act construing a previous law or pass a resolution indicating its sense or intention as to given statute.
- However the legislature cannot limit or restrict the power granted to the courts to interpret the law.
- While their interpretation is not controlling, the courts may resort to it to clarify ambiguity in the language thereof.
- It is entitled of respectful consideration.
- Legislative approval The legislature may by action or inaction, approve or ratify such contemporaneous construction.
It may be manifested in many ways: as when it reenacts a statute previously given a CC, uses words similar in their import to the language of an earlier law which has received a practical application or amend a prior statute without, in the amending act, providing anything which would restrict, change or nullify the precious CC placed upon the prior law.
- It may be also shown by the legislature appropriating money for the officer designated to perform a task pursuant to an interpretation of a statute.
- Where the legislature has notice or knowledge of a construction placed upon a statue by an executive officer charged with its implementation, without repudiating it, its silence is acquiescence equivalent to consent to continue practice.
There is an implied approval by its failure to change a longstanding administrative construction. Ratihabitio mandato aequiparatur – legislative ratification is equivalent to a mandate Reenactment The most common act of legislative approval of CC of a state is by reenactment.
The principle is the reenactment of a statute, previously given CC, is a persuasive indication of the adoption by the legislature of the prior construction. It must be reenacted and not merely amended and the CC thereof must be in the form of regulation to implement the law and duly published and not merely administrative ruling embodied in a letter to a specified individual and not published.
It is accorded with greater weight and respect than the CC of the statute before its ratification. The reason for such is: there is an agreement between two departments – the legislative and executive— to the meaning of the law, and it devolves upon the judiciary to give it deferential treatment.
- Stare decisis The decision of the SC applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.
- The reason: the SC’s interpretation forms part of the statue itself and of the legal system and comes form that branch of government entrusted with the duty to construe or interpret the law.
Stare decisis et non quieta movere – one should follow past precedents and should not be disturbed what has been settled. The rule rests on the desirability of having stability in the law. Interest republicae ut sit finis litium —the interest of the state demands that there be an end to litigation.
- For a ruling of SC be under the doctrine of stare decisis, it must be a direct ruling and not through sub silencio and obiter dictum.
- The facts of the precedent and the case to which it is applied should be the same for stare decisis to be applied.
- The rule of stare decisis is not absolute.
- The principle does not blind adherence to precedents.
If it is found contrary to law, must be abandoned. The principle should not apply when there is conflict between the precedent and the law. However only the SC itself can change or abandon a precedent enunciated by it, neither by inferior court, nor by legislature unless they repeal or amend the law itself.
How important are internal aid and external aid important for interpretation?
External Aid to Interpretation – The role of external aids to interpretation comes into play in case where internal aid fails. Internal aid is considered more valuable in interpretation as compared to the external aid. External aid are doesn’t form a part of the enactment itself like some internal aid and neither they are connected to any specific provision.
- However in some cases where internal aid fails, help can be taken from external aids to ascertain the intention of the legislature as generally they talk about the history of an enactment and reasons for its introduction.B.
- PrabhakarRao v.
- State of Andhra Pradesh In this case it was observed that external aid comes into play only when the internal aid fails but not otherwise.
It is for the purpose of the justice the external aids should be used. Legislative history, committee reports, debates etc may be considered for the same. Some important external aids are-
What is intrinsic reinforcement example?
The outcome itself is inherent to the activity and called an intrinsic reinforcer. For example, blowing on a harmonica naturally produces sounds. If the sounds serve to reinforce blowing on the harmonica, then the sounds provide intrinsic reinforcement.
What is the short meaning of AIDS?
Listen to pronunciation. A disease caused by the human immunodeficiency virus (HIV). People with AIDS are at an increased risk for developing certain cancers and for infections that usually occur only in individuals with a weak immune system. Also called acquired immunodeficiency syndrome.
What does the word mean internal?
1 : existing or situated within the limits or surface of something: such as a (1) : situated near the inside of the body (2) : situated on the side toward the median plane of the body b : of, relating to, or occurring on the inside of an organized structure (such as a club, company, or state) internal affairs 2 : relating or belonging to or existing within the mind 4 : present or arising within an organism or one of its parts internal stimulus 5 : applied or intended for application through the stomach by being swallowed an internal remedy
What are the full meaning of word AIDS?
AIDS, byname and acronym of acquired immunodeficiency syndrome, transmissible disease of the immune system caused by the human immunodeficiency virus (HIV).
What are other names for AIDS?
What is HIV?
HIV (human immunodeficiency virus) is a virus that attacks the body’s immune system. If HIV is not treated, it can lead to AIDS (acquired immunodeficiency syndrome). There is currently no effective cure. Once people get HIV, they have it for life. But with proper medical care, HIV can be controlled. People with HIV who get effective HIV treatment can live long, healthy lives and protect their partners.
Where did HIV come from?
HIV infection in humans came from a type of chimpanzee in Central Africa. Studies show that HIV may have jumped from chimpanzees to humans as far back as the late 1800s. The chimpanzee version of the virus is called simian immunodeficiency virus. It was probably passed to humans when humans hunted these chimpanzees for meat and came in contact with their infected blood. Over decades, HIV slowly spread across Africa and later into other parts of the world. The virus has existed in the United States since at least the mid to late 1970s.
To learn more about the history of HIV in the United States and CDC’s response to the epidemic, see CDC’s HIV and AIDS Timeline, How do I know if I have HIV? The only way to know if you have HIV is to get tested, Knowing your HIV status helps you make healthy decisions to prevent getting or transmitting HIV. Are there symptoms?
For many, yes. Most people have flu-like symptoms within 2 to 4 weeks after infection. Symptoms may last for a few days or several weeks. Having these symptoms alone doesn’t mean you have HIV. Other illnesses can cause similar symptoms. Some people have no symptoms at all, The only way to know if you have HIV is to get tested,
What are the stages of HIV? When people with HIV don’t get treatment, they typically progress through three stages. But HIV treatment can slow or prevent progression of the disease. With advances in HIV treatment, progression to Stage 3 (AIDS) is less common today than in the early years of HIV.
People have a large amount of HIV in their blood and are very contagious. Many people have flu-like symptoms. If you have flu-like symptoms and think you may have been exposed to HIV, get tested,
This stage is also called asymptomatic HIV infection or clinical latency. HIV is still active and continues to reproduce in the body. People may not have any symptoms or get sick during this phase but can transmit HIV. People who take HIV treatment as prescribed may never move into Stage 3 (AIDS). Without HIV treatment, this stage may last a decade or longer, or may progress faster. At the end of this stage, the amount of HIV in the blood (viral load) goes up and the person may move into Stage 3 (AIDS).
The most severe stage of HIV infection. People with AIDS can have a high viral load and may easily transmit HIV to others. People with AIDS have badly damaged immune systems. They can get an increasing number of opportunistic infections or other serious illnesses. Without HIV treatment, people with AIDS typically survive about three years.