In the legal parlance, usage of the term “willful default” or “Willfully”
is very common. Many enactments use these terms interchangeably in different
sections. These terms when added to a particular act, make the person
committing the act, liable under most cases.
Here the term “Willfully” gains more significance in this section. This
has now given the need for us to interpret the term “Willful”
DICTIONARY MEANING:
The term “Will
default” does not have a legal definition. General Clauses Act also does not
define the term “Willful”. Here reference to legal dictionaries becomes
relevant.
Black’s law
dictionary:
The term “willful”
means an act which is done intentionally voluntarily and deliberately knowing
and intending the result which actually comes to pass. A willful act may be
described as one done intentionally, knowingly, and purposely without
justifiable excuse.
An act or omission
willfully done, if done voluntarily and intentionally and with the specific
intent to do something which the law forbids, or with the specific intent to
fail to do something the law requires to be done; with the bad purpose either
to disobey or disregard the law.[1]
JUDICIAL
INTERPRETATIONS:
- “A
consensus of the meaning of the words ‘willful default’ appears to
indicate that default in order to be willful must be intentional,
deliberate, calculated and conscious, with full knowledge of legal
consequences flowing therefrom.”[2]
- “The
adjective “willful” in “willful acts or defaults” has evidently been used
as a description and not as a definition. The idea intended to be conveyed
is that the default is occasioned by the exercise of volition or as the
result of the non-exercise of will due to supine indifference, although
the defaulter knew or was in a position to know that loss or harm was likely
to result. The word does not necessarily suggest the idea of moral
turpitude. We have also to eliminate the elements of accident or
inadvertence or honest error of judgment. The default must be the result
of deliberation or intent or be the consequence of a reckless omission.
“Willful default” therefore is indicative of some misconduct in the
transaction of business or in the discharge of duty by omitting to do
something either deliberately or by a reckless disregard of the fact
whether the act or omission was or was not a breach of duty.”[3]
- “A
consensus of the meaning of the words ‘willful default’ appears to
indicate that default in order to be willful must be intentional,
deliberate, calculated and conscious, with full knowledge of legal
consequences flowing therefrom.”[4]
- “Willfulness” implies an act done intentionally and designedly; a conscious failure to observe care; Conscious; knowing; done with stubborn purpose, but not with malice.”[5]
My personal opinion: Defining willful default is quite possible, but
each and every case identifying whether a person’s default is willful or not has
a lot of difficulty. As a principle of law, an accused is presumed innocent unless
his guilt is proved. This is true but unfortunately it is always not possible
for the prosecution to prove the “Willfulness” in the act of the accused. This
position will not easily change irrespective of our technological advancement!
[1] Screws Vs. United
States325, U.S. 91, 101
[2] Chordia Automobiles v.
S. Moosa & Ors. (2000)3SCC282
[3] L. Hudson v. Official
Liquidator of Dehra Dun Mossoorie Electric Tramway Co. AIR1929All826
[4]P. Rajanna v. K. Lalitha Reddi
alias Chinnamma Devi and another AIR1996AP113
[5] S. Sundaram Pillai and
Ors. v. V.R. Pattabiraman and Ors. AIR1985SC582