53639643 Contempt of Courts Act 1971 Final Notes

7/24/2019 53639643 Contempt of Courts Act 1971 Final Notes

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CONTEMPTOFCOURT, 1971The most important pillars of democracy are

- e!islati"e #frames the a$%,

- E&ec'ti"e #e&ec'tes the a$%- ('diciary #interprets ) implements the a$%

- Press #$atchdo! of the three estates*pillars+%Role of ('diciary(i) interprets and defines various articles of the Indian Constitution;

(ii) settles disputes between individuals, individuals and state and among various sectors of the stateIt plays a key role in the running of a true democratic system

being totally and indisputably impartial

earning the faith and confidence of all citizens

through its fairness (proven beyond doubt)

and concern for peoples problems

standing in the interest of the state and society

The independence of the judiciary is very important for the functioning of a democratic system its independence and fairness should be ensured at all costs or else democracy, freedom, liberty and al

that is attached to freedom is meaningless-ntrod'ction

!he origin of the law of contempt in India can be traced to the "nglish law# In "ngland, superior courts ofrecord have from the earliest times e$ercised the power to commit for contempt those who scandalised

the court or the %udges#!he first Indian statute on the &aw of Contempt, i#e#, the Contempt of Courts 'ct was passed in *+#

19./ 0 Contempt of Courts 'ct, *+ (II of *+) was in e$istence in -ritish India, various Indian statesalso had their corresponding enactment#

19. 0.tate enactments of the Indian states and the Contempt of Courts 'ct, *+ were replaced by theContempt of Courts 'ct, /* (0* of /*)#

!he %urisdiction to punish for contempt touches upon t$o important f'ndamental ri!hts of theciti2ens,

the right to personal liberty

right to freedom of e$pression#

It was, therefore, considered advisable to have the entire law on the sub%ect scrutinised by a speciacommittee#

19/3 In order to properly define and to keep up with the changing times an attempt was made in 'pri+1 to introduce in the &ok .abha a 4ill to consolidate and amend the la$relating to contempt of

courts#19/12 ' committee was set up on ('ly .9, 19/1under the chairmanship of the late 3 4 .anyal the then

additional solicitor !eneral and it s'4mitted its report on Fe4r'ary .5, 19/6 to define and limitthe po$ers of certain co'rts+

!he committee took note of the importance given to freedom of speech in the Constitution and of the need

for safeguarding the status and dignity of courts and interests of administration of %ustice#19/5 0!he 5oint .elect Committee of 6arliament on Contempt of Courts e$amined the issue in detail and

a new bill, the Contempt of Courts -ill, +7 was prepared by the committee#

There sho'ld 4e no 'nd'e infl'ence from any 'arters

Freedom of the 8'diciary m'st 4e protected $itho't interference and intimidation

from politics, !o"ernment and 4'rea'crats

ct 73 of 1971!he Contempt of Courts 'ct, 8 (81 of 8) was passed by the 6arliament in 9ecember 8 and it

came into force w#e#f# 9ecember *:, 8#ist of amendin! act

!he Contempt of Courts ('mendment) 'ct, 8+ (:/ of 8+)'ccording to :ection . of the Contempt of the Co'rts ct 1971, contempt is of * kinds

Civil - Civil contemptdeals with willful disobedience to any %udgment, decree, direction, order, writ orother process of a court or willful breach of an undertaking given to a court#

Criminal- Criminal contemptdeals with

P'4lication of mattersscandalizing or lowering the authority of courts

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Pre8'dice or interfereor tend to interfere with the course of %udicial proceeding#

'ny attempt to o4str'ct the administration of 8'sticein any manner#

There are three different sorts of contempt, "i2+,

scandalizing the court,

abusing parties who are concerned in causes here

pre%udicing mankind against persons before the case is heard;

:candalisation has serio's implications+

heinous attac; on the administration of 8'stice

vilification #criticism% of entire 8'diciary vilification (criticism% of a partic'lar 8'd!e or a partic'lar co'rt+

If a newspaper or a periodical or a broadcast network publisher publishes anything which may createan apprehension in the minds of the peoplea4o't the inte!rity, impartiality, a4ility andfairness of a 8'd!e

Ca'ses loss of faith in the system of 8'stice# If a publication causes em4arrassment in the mind of a 8'd!e re!ardin! dischar!e of his

official d'ty#

"ven if the criticism relates to a %udges non2%udicial function like that of an administrative %udge itamounts to contempt of court if that writing 'ndermines the a'thority and presti!e of the co'rt

or %udge concerned#

4o writing should tend to lo$er the presti!e of the co'rt or 8'd!eor the confidence of the publicin %udiciary#

If your writings attribute improper moti"es in decidin! a caseit is certainly a matter of contemptof court#

!he courts hardly use its power for contempt of court# !his means that contempt of court is not used to vindicate personal insult to the %udge# -ut the press

sho'ld 4e caref'l not to ind'l!e in personal attac; of 8'd!es and co'rts+

-f a personal attac; is for the !ood of the society it does not come 'nder contempt of co'rt+3ere, what the press should understand is the difference between personal attack born out ounfounded negativism and constructive criticism for the good of the society as a whole#

!he moment moti"es are attri4'tedto the %udge it becomes contempt# ithin one year from the date of contempt of court action has to be initiated#

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ccordin! to ll -ndia Ne$spapers Editorhile it was essential that %udiciary should be protected from pre%udicial or contempt as writings bothin the case of matters pending before courts as well as those decided by courts, it is of utmostimportance for a democratic system to permit the press to carry out honest and fair criticism+

!he Indian orking 5ournalists argued that there was an anomaly in the very concept o

contempt of court as the court is the prosecutor, witness, %ury and %udge# There is also a "ie$ that only in e&tremely serio's cases p'nishment 'nder contempt of

co'rts sho'ld 4e a$arded+ It was submitted before the press laws en?uiry committee that the press should be allowed to fair and

bonafide reporting of court proceedings# Contempt proceedings should be initiated only on a complaint by the presiding officer of the court

concerned# !he complainant %udge should not be allowed to preside over the trial# !his point was

considered by the press laws en?uiry committee# It held that it was not proved substantially there was need for change of law# !he %urisdiction of

contempt of court was vested in .upreme Court and 3igh Courts under 'rticles * @*/ of theConstitution#

' contempt court has e$tra territorial %urisdiction in matters of contempt of court# 3owever, there

were some disputes and contradictory views about this as a ?uestion arose whether a warrant of arrestcould be e$ecuted on a person living outside the %urisdiction of court#

o In a particular case, 'llahabad 3igh Court issued a warrant of arrest against a person

residing in -ombay in a contempt of court case# !his was sought to be e$ecuted through

the police commissioner of -ombay# !his was challenged by the person concerned and the

-ombay 3igh Court held that 'llahabad 3igh Court have no right to arrest a person residingoutside its %urisdiction# .imilarly, the -ombay 3igh Court had no right to arrest a person fo

contempt of 'llahabad 3igh Court#o -ut 'llahabad 3igh Court said .ection / of the Contempt of Court 'ct /* clearly states a

3igh Court shall have the %urisdiction to try a contempt case within or outside its %urisdiction

or sub2ordinate courts# -n all cases of contempt tried s'mmarily the 8'd!e plays the role of party in8'red

prosec'tor and 8'd!e+

Aegarding %udgeB%udges who hear their own contempt case the .upreme Court said though this wasnot desirable it did not want to lay down any general rule#

!he bottom2line of this contempt of court law has been that it must be e$ercised with great caution!he philosophy of contempt of court is that it is in the interest of the public that the authority and

prestige of the %udges and %udiciary are not lowered by unwanted and unfounded criticism# 't the same time, %udges and %udiciary should understand their role in upholding the prestige,

authority and integrity of the %udicial system# It has been laid down many times and by the highest tribunals that %udges are not immune from

criticism and that fair and reasonable criticism of a case which is finished is not ob%ectionable# If a %udge is defamed in such a way as not to affect administration of %ustice he has the ordinary

remedies# 3e can file a defamation case or he can issue a public denial# -nnocent p'4lication and distri4'tion of matter not contempt

Fair and acc'rate report of 8'dicial proceedin! not contempt

Fair criticism of 8'dicial act not contempt

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Complaint a!ainst presidin! officers of s'4ordinate co'rts $hen not contempt 2' person

shall not be guilty of contempt of court in respect of any statement made by him in good faith

concerning the presiding officer or any subordinate court

P'4lication of information relatin! to proceedin! in cham4ers or in camera not contempt

e&cept in certain cases2

http**8'dis+openarchi"e+in*?

CONTEMPT OF COURT: CT 1971!3" C4!"D6! < C=A!. 'C!, 8

'C! 4# 81 < 8'4 'C! ! 9""A. < C"A!'I4 C=A!. I4 6

=4I.3I4EC4!"D6!. F*:th 9ecember, 8G

-" it enacted by 6arliament in the !wenty2second Hear of the Aepublic of India as follows 2

.hort title and e$tent##.hort title and e$tent# () !his 'ct may be called the Contempt of Courts 'ct# 8#

(*) It e$tends to the whole of India; 6rovided that it shall not apply to the .tate of 5ammu and ashmire$cept to the e$tent to which the provisions of this 'ct relate to contempt of the .upreme Court#

9efinitions# *# 9efinitions#In this 'ct, unless the conte$t otherwise re?uires,22 (a) contempt of court Jmeans civil contempt or criminal contempt; (b) civil contempt J means wilful disobedience to any %udg2

ment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to

a court ; (c) criminal contempt J means the publication (whether by words# spoken or written, or by signs,or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which2(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court ; or (ii)

pre%udices, or interferes or tends to interfere with, the due course of any %udicial proceeding; or(iii)interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of %ustice in

any other manner ; (d) J3igh CourtJ means the 3igh Court for a .tate or a =nion territory, and includesthe Court of the 5udicial Commissioner in any =nion territory# :7

Innocent publication and distribution of matter not contempt# 0#Innocent publication and distribution ofmatter not

contempt#() ' person shall not be guilty of contempt of court on the ground that he has published(whether by words spoken or written or by signs or by visible representations or otherwise) any matter

which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of %ustice in

connection with any civil or criminal proceeding pending at the time of publication, if at that time he hadno reasonable grounds for believing that the proceeding was pending#(*)4otwithstanding anything to the contrary contained in this 'ct or any other law for the time being in

force, the publication of

any such matter as is mentioned in sub2section () in connection with any civil or criminal proceedingwhich is not pending at the time of publication shall not be deemed to constitute contempt of court#

(0)' person shall not be guilty of contempt of court on the ground that he has distributed a publicationcontaining any such

matter as is mentioned in sub2section (), if at the time of distribution he had no reasonable grounds for

believing that it contained or was likely to contain any such matter as aforesaid 6rovided that this sub2section shall not apply in respect of the distribution of2 (i) any publication which is a book or paper printed

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http://judis.openarchive.in/#http://judis.openarchive.in/#


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or published otherwise than in conformity with the rules contained in section 0 of the 6ress andAegistration of -ooks 'ct, 7+8 ;(*/ of 7+8) (ii) any publication which is a newspaper published

otherwise than in conformity with the rules contained in section / of the said 'ct# "$planation#2ithout pre%udice to the provisions contained in sub2section

(), a person shall not be guilty of contempt of court for publishing the te$t or a fair and accuratesummary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless

the court has e$pressly prohibited the publication thereof on grounds of public policy, or for reasons

connected with public order or the security of the .tate, or on the ground that it contains informationrelating to a secret process, discovery or invention, or in e$ercise of any power vested in it#

ther defences not affected# 7# ther defences not affected# 4othing contained in this 'ct shall beconstrued as implying that any other defence which would have been a valid defence in any proceedings

for contempt of court has ceased to be available merely by reason of the provisions of this 'ct#

'ct not to imply enlargement of scope of contempt# # 'ct not to imply enlargement of scope of contempt#

4othing contained in this 'ct shall be construed as implying that any disobedience, breach, publication orother act is punishable as contempt of court which would not be so punishable apart from this 'ct#6ower of 3igh Court to punish contempts of subordinate courts# 1# 6ower of 3igh Court to punish

contempts of subordinate courts# "very 3igh Court shall have and e$ercise the same %urisdic2 tion, powersand authority, in accordance with the same procedure and practice, in respect of contempts of courts

subordinate to it as it has and e$ercises in respect of contempts of itself 6rovided that no 3igh Courtshall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it

where such contempt is an offence punishable under the Indian 6enal Code#(:/ of 7+1)6ower of 3igh Court to try offences committed or offenders foundoutside %urisdiction# # 6ower of 3igh

Court to try offences committed or offenders found outside %urisdiction#' 3igh Court shall have %urisdictionto in?uire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged

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to have been committed within or outside the local limits of its %urisdiction, and whether the personalleged to be guilty of contempt is within or outside such limits#

6unishment for contempt of court*# 6unishment for contempt of court() .ave as otherwise e$pressly provided in this 'ct or in any other

law, a contempt of court may be punished with simple / imprisonment for a term which may e$tend tosi$ months, or with fine which may e$tend to two thousand rupees, or with both# 6rovided that the

accused may be discharged or the punishment awarded may be remitted on apology being made to thesatisfaction of the court# "$planation#2'n apology shall not be re%ected merely on the ground that it is

?ualified or conditional if the accused makes it bona fide#

(*) 4otwithstanding anything contained in any law for the time being in force, no court shall impose asentence in e$cess of thatspecified in sub2section () for any contempt either in respect of itself or of a court subordinate to it#

(0) 4otwithstanding anything contained in this section, where a person is found guilty of a civil contempt,the court, if it considers that a fine >ill not meet the ends of %ustice and that a sentence of imprisonment

is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil

prison for such period not e$ceeding si$ months as it may think fit#(:) >here the person found guilty of contempt of court in respect of any undertaking given to a court is a

company, every person who, at the time the contempt was committed, was in charge of, and was

responsible to, the company for the conduct of the business of the company, as well as the company, shalbe deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court,

by the detention in civil prison of each such person 6rovided that nothing contained in this sub2sectionshall render any such person liable to such punishment if he proves that the contempt was committed

without his knowledge or that he e$ercised all due diligence to prevent its commission#(/) 4otwithstanding anything contained in sub2section (:), where the contempt of court referred to

therein has been committed by a company and it is proved that the contempt has been committed withthe consent or connivance of, or is attributable to any neglect on the part of, any director, manager,

secretary or other officer of the com2 pany, such director, manager, secretary or other officer shall also bedeemed to be guilty of the contempt and the punishment may be enforced# with the leave of the court, by

the detention in civil prison of such director, manager, secretary or other officer#"$planation#2


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5udge or 5udges in whose presence or hearing the offence is alleged to have been committed to appear asa witness and the /0

statement placed before the Chief 5ustice under sub2section (*) shall be treated as evidence in the case#(:) 6ending the determination of the charge, the Court may direct that a person charged with contempt

under this section shall be detained in such custody as it may specify 6rovided that he shall be releasedon bail, if a bond for such sum of money as the Court thinks sufficient is e$ecuted with or without sureties

conditioned that the person charged shall attend at the time and place mentioned in the bond and shallcontinue to so attend until otherwise directed by the Court 6rovided further that the Court may, if it

thinks fit, instead of taking bail from such person, discharge him on his e$ecuting a bond without sureties

for his attendance as aforesaid#Cognizance of criminal contempt in other cases#/# Cognizance of criminal contempt in other cases# () In the case of a criminal contempt, other than a

contempt referred to in section :, the .upreme Court or the 3igh Court may take action on its ownmotion or on a motion made by2 (a) the 'dvocate2Eeneral, or (b) any other person, with the consent in

writing of the 'dvocate Eeneral, ForG F(c) in relation to the 3igh Court for the =nion territory of 9elhi,

such &aw fficer as the Central Eovernment may, by notification in the fficial Eazette, specify in thisbehalf, or any other person, with the consent in writing of such &aw fficer#G

(*) In the case of any criminal contempt of a subordinate court, the 3igh Court may take action on a

reference made to it by the subordinate court or on a motion made by the 'dvocate2Eeneral or, in relationto a =nion territory, by such &aw fficer as the Central Eovernment may, by notification in the fficial

Eazette, specify in this behalf#(0) "very motion or reference made under this section shall specify the contempt of which the person

charged is alleged to be guilty# "$planation#2In this section, the e$pression J'dvocate2EeneralJ means,2(a) in relation to the .upreme Court, the 'ttorney2Eeneral or the .olicitor2Eeneral ; (b) in relation to the

3igh Court, the 'dvocate2Eeneral of the .tate or any of the .tates for which the 3igh Court has beenestablished ; (c) in relation to the Court of a 5udicial Commissioner, such &aw fficer as the Central

Eovernment may, by notification in the fficial Eazette, specify in this behalf#2222222222222222222222222222222222222222222222222222222222222222222222 Ins# by 'ct :/ of 8+ s# * (w#e#f# 01202

8+)# 2222222222222222222222222222222222222222222222222222222222222222222222 /:Contempt by %udge, magistrate or other person acting %udicially# +# Contempt by %udge, magistrate or

other person acting%udicially#() .ub%ect to the provisions of any law for the time being in force, a %udge, magistrate or other

person acting %udicially shall also be liable for contempt of his own court or of any other court in the samemanner as any other individual is liable and the provisions of this 'ct shall, so far as may be, apply

accordingly#(*) 4othing in this section shall apply to any observations or remarks made by a %udge, magistrate or

other person acting %udicially, regarding a subordinate court in an appeal or revision pending before such%udge, magistrate or other person against the order or %udgment of the subordinate court#

6rocedure after cognizance#8# 6rocedure after cognizance# () 4otice of every proceeding under section / shall be served personally

on the person charged, unless the court for reasons to be recorded directs otherwise#

(*) !he notice shall be accompanied, (a) in the case of proceedings commenced on a motion, by a copy ofthe motion as also copies of the affidavits, if any, on which such motion is founded ; and (b) in the case of

proceedings commenced on a reference by a subordinate court, by a copy of the reference#(0) !he court may, if it is satisfied, that i person charged under section / is likely to abscond or keep out

of the way to avoid service of the notice, order the attchment of his property of such value or amount as it

may deem reasonable#

(:) "very attachment under sub2section (0) shall be effected in the manner provided in the Code of Civil6rocedure, 17, (/ of 17) for the attachment / of property in e$ecution of a decree for payment ofmoney, and if, after such attachment, the person charged appears and shows to the satisfaction of the

court that he did not abscond or keep out of the way to avoid service of the notice, the court shall orderthe release of his property from attachment upon such terms as to costs or otherwise as it may think fit#

(/) 'ny person charged with contempt under section / may file an affidavit in support of his defence,and the court may determine the matter of the charge either on the affidavits filed or after taking such

further evidence as may be necessary, and pass such order as the %ustice of the case re?uires#3earing of cases of criminal contempt to be by -enches#

7# 3earing of cases of criminal contempt to be by -enches#() "very case of criminal contempt undersection / shall be heard and determined by a -ench of not less than two 5udges#

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(*) .ub2section () shall not apply to the Court of a 5udicial Commissioner# //'ppeals#

# 'ppeals# () 'n appeal shall lie as of right from any order or decision of 3igh Court in the e$ercise ofits %urisdiction to punish for contempt2 (a) where the order or decision is that of a single 5udge, to a -ench

of not less than two 5udges of the Court ; (b) where the order or decision is that of a -ench, to the.upreme Court 6rovided that where the order or decision is that of the Court of the 5udicial

Commissioner in any =nion territory, such appeal shall lie to the .upreme Court#(*) 6ending any appeal, the appellate court may order that2 (a) the e$ecution of the punishment or order

appealed against be suspended ; (b) if the appellant is in confinement, he be released on bail and (c) the

appeal be heard notwithstanding that the appellant has not purged his contempt#(0) >here any person aggrieved by any order against which an appeal may be filed satisfies the 3ighCourt that he intends to prefer an appeal, the 3igh Court may also e$ercise all or any of the powers

conferred by sub2section (*)#(:) 'n appeal under sub2section () shall be filed2 (a) in the case of an appeal to a -ench of the 3igh

Court, within thirty days ; (b) in the case of an appeal to the .upreme Court, within si$ty days, from the

date of the order appealed against#&imitation for actions for contempt# *1# &imitation for actions for contempt# 4o court shall initiate any

proceedings for contempt, either on its own motion or otherwise, after the e$piry of a period of one year

from the date on which the contempt is alleged to have been committed#'ct not to apply to 4yaya panchyats or other village courts# *# 'ct not to apply to 4yaya panchyats or

other village courts# 4othing contained in this 'ct shall apply in relation to contempt of 4yaya 6anchayatsor other village courts, by whatever name known, for the administration of %ustice, established under any

law# /+'ct to be in addition to and not in derogation of other laws relatingto contempt# **# 'ct to be in addition

to and not in derogation of other laws relating to contempt#!he provisions of this 'ct shall be in additionto, and not in derogation of, the provisions of any other law relating to contempt of courts#

6ower of .upreme Court and 3igh Courts to make rules# *0# 6ower of .upreme Court and 3igh Courts tomake rules#!he .upreme Court or, as the case may be, any 3igh Court, may make rules, not inconsistent

with the provisions of this 'ct, providing for any matter relating to its procedure#Aepeal# *:# Aepeal# !he Contempt of Courts 'ct, /*, (0* of /*) is hereby repealed#

The Contempt of Co'rts ct, 1971

'lmost all the high courts in India, apart from the chartered high courts have e$ercised the %urisdictioninherent in a court of record from the very nature of the court itself# It has been %udicially accepted

throughout India that the %urisdiction was a special one, inherent in the very nature of the court# !hesestates were 3yderabad, Dadhya -harat, Dysore, 6epsu, Aa%astha, !ravancore2Cochin and .aurashtra

:tatement of o48ects and reasonsIt is generally felt that the e$isting law relating to contempt of courts is somewhat uncertain, undefined

and unsatisfactory# !he %urisdiction to punish for contempt touches upon two important fundamental rightsof the citizens, namely, the right to personal liberty and the right to freedom of e$pression# It was,

therefore, considered advisable to have the entire law on the sub%ect scrutinised by a special committee#

In pursuance of this, a committee was set up in + under the chairmanship of the late 3 4 .anyal, thethen additional solicitor general# !he committee made a comprehensive e$amination of the law and

problems relating to contempt of court in the light of the position obtaining in our own country and variousforeign countries# !he recommendations which the committee made took note of the importance given to

freedom of speech in the Constitution and of the need for safeguarding the status and dignity of courts

and interests of administration of %ustice#

!he recommendations of the committee have been generally accepted by the government afteconsidering the view e$pressed on those recommendations by the state governments, union territoryadministrations, the .upreme Court, the high courts and the %udicial commissioners# !he bill seeks to give

effect to the accepted recommendations of the .anyal Committee

ct 73 of 1971!he Contempt of Courts 'ct, 8 (81 of 8) was passed by the 6arliament in 9ecember 8 and it

came into force w#e#f# 9ecember *:, 8#ist of amendin! act

!he Contempt of Courts ('mendment) 'ct, 8+ (:/ of 8+)Pream4le (9ecember *:, 8)

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'n 'ct to define and limit the powers of certain courts in punishing contempt of courts and to regulatetheir procedure in relation thereto

1+ :hort title and e&tent2() !his 'ct may be called the Contempt of Courts 'ct, 8

(*) It e$tends to the whole of India6rovided that it shall not apply to the state of 5ammu and ashmir e$cept to the e$tent to which the

provisions of this 'ct relate to contempt of the .upreme Court#2Comments

(i) !he law of contempt of courts is for keeping the administration of %ustice pure and undefiled# >hile the

dignity of the court is to be maintained at all costs, the contempt %urisdiction, which is of a special nature,should be sparingly used; Shakuntala Sahadevram Tewari v. Hemchand M.Singhania, (1) 0 -om CA 7*(-om)#

(ii) 6roceedings of contempt are summary in nature and also are sui generis; Golcha Advertising Agencyvs The State of Maharashtra, (1) * -om CA *+* (-om)#

.+ @efinitions

2-n this ct, 'nless the conte&t other$ise re'ires(a) KContempt of courtK means civil contempt or criminal contempt#

(b) KCivil contemptK means willful disobedience to any %udgement, decree, direction, order, writ or other

process of a court or willful breach of an undertaking given to a court#(c) KCriminal contemptK means the publication (whether by words, spoken or written, or by signs, or by

visible representation, or otherwise) of any matter or the doing of any other act whatsoever which(i) .candalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or

(ii) 6re%udices, or interferes or tends to interfere with the due course of any %udicial proceeding, or(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of %ustice in

any other manner#(a) K3igh CourtK means the high court for a state or a union territory and includes the court of the %udicial

commissioner in any union territory#2Comments

(i) !here are three different sorts of contempt, viz#, scandalising the court, abusing parties who areconcerned in causes here and pre%udicing mankind against persons before the case is heard; In re St.

James vening !ost, (8:) * '! :+(ii) Courts seek to punish acts or conduct calculated to interfere with the administration of %ustice; In re !

C Sen" A#$81 .C 7*#(iii) Comment on pending case or abuse of a party may amount to contempt when the case is tried by a

%udge Su%hash Chand v S M Aggarwal, 7: Crl &5 :7 (9e#)#(iv) 5udges by reason of their office are precluded from entering into any controversy in columns of the

public press; The State v.&ikar Ahmed"'IA /: 3yd 8/#(v) !here is no special principle attached to the press to comment, criticise or investigate the facts of any

case of the pre%udice of the trial of the case; Sukhdev Singh v Te'a Singh, 'IA /: .C 7+#(vi) 4o editor has a right to assume the role of investigator to try to pre%udice the court against any

person; The (istrict Magistrate v M A Hamid Ali Gardish, 'IA :1 udh 08#

(vii) It is time to stem institutionalised procrastination, ) & &enkatesh v. taluka e*ecutive magistrate, 'IA1 ant 7+#

(viii) !he law relating to contempt of court is well settled# 'ny act done or writing published which iscalculated to bring a court or a %udge into contempt, or to lower his authority, or to interfere with the due

course of %ustice or the lawful process of the court, is a contempt of court; +.$. v. Gray, 11 (*) L-9 0+

(:1)

(i$) Contempt by speech or writing may be by scandalising the court itself, or by abusing parties toactions, or by pre%udicing mankind in favour of or against a party before the cause is heard# It isincumbent upon courts of %ustice to preserve their proceedings from being misrepresented, for pre%udicing

the mind of the people against persons concerned as parties in causes before the cause is finally heardhas pernicious conse?uences# .peech or writings misrepresenting the proceedings of the court or

pre%udicing the public for or against a party or involving reflections on parties to a proceeding amount tocontempt# !o make a speech tending to influence the result of a pending trial, whether civil or criminal is a

grave contempt# Comments on pending proceedings, if emanating from the parties or their lawyers, aregenerally a more serious contempt than those coming from independent sources; State of Haryana v Ch

,ha'anlal, 'IA 0 .C 0:7#($) In contempt proceedings there are essentially two parties 22 the court and contemporary; Shakuntala

9


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Sahadevram Tiwari v. Hemachand M Singhania, (1) 0 -om CA 7* (-om)#($i) !he law of contempt must be strictly interpreted and complied with before any person can be

committed for contempt; $oshan S ,oyce v , $ Cotton Mills -td#, 'IA 1 .C 77#($ii) 'ny willful disobedience to the orders of the court to do or abstain from doing any act or breach of

any undertaking given to the court is prima2facie civil contempt;&idya Sagar v ###rd additional di.strict'udge, 9ehradun, 'll C5 /7+ (/77); See also State of Assam v. & ) &ishnoi, 0 (*0) '!C /7

(/782/77); .tate of rissa v#,i'aya Mohanty, (0) 8/ C&! 7*1 (701)#($iii) 4on caring of the warrant issued by the criminal court amounts to criminal contempt; &enkaiah v.

government of Andhra !radesh, * (0) '&! 0 ()#

6+ -nnocent p'4lication and distri4'tion of matter not contempt

2() ' person shall not be guilty of contempt of court on the ground that he has published (whether bywords, spoken or written, or by visible representations, or otherwise) any matter which interferes or tends

to interfere with, or obstructs or tends to obstruct, the course of %ustice in connection with any civil orcriminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for

believing that the proceeding was pending#

(*) 4otwithstanding anything to the contrary contained in this 'ct or any other law for the time being in

force, the publication of any such matter as is mentioned in sub section () in connection with any civil orcriminal proceeding which is not pending at the time of publication shall not be deemed to constitute

contempt of court#

(0) ' person shall not be guilty of contempt of court on the ground that he has distributed a publication

containing any such matter as is mentioned in sub section (), if at the time of distribution he had noreasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid#

6rovided that this sub section shall not apply in respect of the distribution of2 2(i) 'ny publication which is a book or paper printed or published otherwise than in conformity with the

rules contained in section 0 of the 6ress and Aegistration of -ooks 'ct, 7+8 (*/ of 7+8)(ii) 'ny publication which is a newspaper published otherwise than in conformity with the rules contained

in section / of the said 'ct#2E&planation

2 2hich has been heard and finally decided shall not be deemed to be pending merely by reason of thefact that proceedings for the e$ecution of the decree, order or sentence passed therein are pending#

2Comments(i) !he liberty of free e$pression is not to be compounded with a licence to make unfounded allegations of

corruption against %udiciary; D A 6rashar v 9r


11/22

2.ub%ect to the provisions contained in section 8, a person shall not be guilty of contempt of court forpublishing a fair and accurate report of a %udicial proceeding or any state thereof#

2Comments(i) !he words K%udicial proceedingK means day2to2day proceedings of the court# !he media reports must

represent a fair and accurate report of a %udicial proceeding and not be a one2sided picture; .ubhashChand v . D 'ggarwal, 7: Cr &5 :7

(ii) >hile reproducing the court proceedings, no words may be added, omitted or substituted; " ! .en v "4arayanan, 'IA + 9el *1

(iii) orkers =nion, 7: Cr &5 1+ (er)#+ Fair criticism of 8'dicial act not contempt2 ' person shall not be guilty of contempt of court forpublishing any fair comment on the merits of any case which has been heard and finally decided#

2Comments(i) !he nature and circumstances under which allegations are made, the e$tent and the character of the

publications and similar other considerations have to be taken into account in order to determine whether

the act complained of amounts to contempt# 4o action is called for, if the criticism is reasonable and isoffered for the public good; In re Eul%ari &al, +7 D6&5 8*/ (801280)

(ii) 5udgments are open to criticism that must be done without casting aspersions on the %udges and the

%udges and the courts and without adverse comments amounting to scandalising the courts; advocategeneral v 'braham Eeorge, 8+ Cr# &5 /7 (+)

(iii) ' fair comment on the %udgment of a court could not constitute a contempt; state of Daharashtra vChandrakant !ripathi, 'IA 0+ 6C :

(iv) !he publication in newspaper of reports of proceedings before a court of law must be true; state v-havani 6rasad, 'IA /: 4ag 0+

(v) !he criticism of a %udge must take the form of reasonable argument or e$ploitation; must be made ingood faith and free from the imputation of improper motives; state of =ttar 6radesh v -rahma 6rakash

'IA /1 'll //+

/+ Complaint a!ainst presidin! officers of s'4ordinate co'rts $hen not contempt

2' person shall not be guilty of contempt of court in respect of any statement made by him in good faithconcerning the presiding officer or any subordinate court to 2

(a) 'ny other subordinate court, or(b) !he high court to which it is subordinate

"$planation 2 In this section, Ksubordinate courtK means any court subordinate to a high court#

2Comments(i) ' complaint or report about a %udicial officer of his dishonesty, partiality or other conduct unbecomingof a court, made to an authority to whom it is subordinate, is not contempt of court if all reasonable care

is taken by the makers to keep it confidential; In re Eul%air &al, +7 D6&5 8*/ (D6)#(ii) Immunity is provided to a citizen making a complaint to the high court against a presiding officer of a

subordinate court so long as the complaint is made in good faith; In re court on its own motion, 80 Cr&5 1+ (6 @ 3)#

7+ P'4lication of information relatin! to proceedin! in cham4ers or in camera not contempte&cept in certain cases2

2() 4otwithstanding anything contained in this 'ct, a person shall not be guilty of contempt of court forpublishing a fair and accurate report of %udicial proceedings before any court sitting in chambers or in

camera e$cept in the following cases, that is to say 22 2(a) >here the publication is contrary to the provisions of any enactment for the time being in force

(b) >here the court, on grounds of public policy or in e$ercise of any power vested in it, e$presslyprohibits the publication of all information relating to the proceeding or of information of the description

which is published

(c) >here the court sits in chambers or in camera for reason connected with public order or the security ofthe state, the publication of information relating to those proceedings

(d) >here the information relates to secret process, discovery or invention which is an issue in theproceedings#

2(*) >ithout pre%udice to the provisions contained in sub section () a person shall not be guilty of

contempt of court for publishing the te$t or a fair and accurate summary of the whole, or any part, of anorder made by a court sitting in chambers or in camera, unless the court has e$pressly prohibited the

11


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publication thereof on grounds of public policy, or for reasons connected with public order or the securityof the state, or on the ground that it contains information relating to secret process, discovery or

invention, or in e$ercise of any power vested on it#5+ Other defences not affected2 4othing contained in this 'ct shall be construed as implying that any

other defence which would have been a valid defence in any proceedings for contempt of court has ceasedto be available merely by reason of the provisions of this 'ct#

2Comments.ince a proceeding in contempt is a ?uasi2%udicial proceeding, the precise nature of contempt must be set

out in the motion 4azamunnissa .haukat 'li v Dunicipal Corporation of Ereater -ombay, (1) Dah

&A 0* (-om)#9+ ct not to imply enlar!ement of scope of contempt2 4othing contained in this 'ct shall beconstrued as implying that any disobedience, breach, publication or other act is punishable as contempt of

court which not be so punishable apart from this 'ct#2Comments

!he scope of contempt of courts has not been enlarged# >hat was not contempt so far is not contempt of

court even now# !he contempt of court should not be resorted to only for the purpose of enforcinginterpretive rights; state of >est -engal v 4 4 -agchi, 'IA ++ .C ::8#

13+ Po$er of hi!h co'rt to p'nish contempts of s'4ordinate co'rts2 "very high court shall have

and e$ercise the same %urisdiction, powers and authority, in accordance with the same procedure andpractice, in respect of contempts of courts subordinate to it and it has and e$ercise in respect o

contempts of itself6rovided that no high court shall take cognisance of a contempt alleged to have been committed in

respect of a court subordinate to it where such contempt is an offence punishable under the Indian 6enalCode (:/ of 7+1)#

2Comments(i) !he phrase Kcourts subordinate to itK used in section 1 is wide enough to include all courts which are

%udicially subordinate to the high court even though administrative control over them under 'rticle *0/ othe constitution does not vest in the high court; . .arkar, member, board of revenue, = 6 &ucknow v

Minay Chandra Dishra, 7 Cr &5 *70 (*7+)(ii) !he power of committal for contempt must be wielded with the greatest reluctance and the greatest

an$iety and only with the ob%ect of seeing that the dignity and authority of the court are not imposed; "Chandra v member secretary, DD9'#, (1) D&5A /08

(iii) If the act is punishable by the 6enal Code as contempt of court then that act cannot form the sub%ectof contempt proceedings by the high court; the emperor M 5 6 .wadhin, 'ir 07 'll 0/7

(iv) !he high court cannot take cognisance of KcontemptK which is punishable under the Indian 6enal Code;4 Eupta v =mraomal 'garwalla, 'IA / Cal :7#

11+ Po$er of hi!h co'rt to try offences committed or offenders fo'nd o'tside 8'risdiction 2 'high court shall have %urisdiction to in?uire into or try a contempt of itself or of any court subordinate to it,

whether the contempt is alleged to have been committed within or outside the local limits of its%urisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits#

2Comments

(i) !his section provided for the e$tra2territorial %urisdiction of high courts of commit a person focontempt even though the act alleged was committed outside its territorial %urisdiction; state v M

'dilakshmi 'mma, /: Cr# &5 77 (ri)(ii) !his section e$pands the ambit of the authority beyond with was till then considered to be possible but

it does not confer a new %urisdiction# It merely widens the scope of our e$isting %urisdiction of a very

special kind; .ukhdev .ingh v !e%a .ingh, 'IA /: .C 7+ (1); state of =ttar 6radesh v Aadhey

.hyam#

1.+ P'nishment for contempt of co'rt2 () .ave as otherwise e$pressly provided in this 'ct or in any

other law, a contempt of court may be punished with simple imprisonment for a term which may e$tendto si$ months, or with fine which may e$tend to two thousand rupees, or with both#6rovided that the

accused may be discharged or the punishment awarded may be remitted on apology being made to thesatisfaction of the court

"$planation 2

2'n apology shall not be re%ected merely on the ground that it is ?ualified or conditional if the accusedmakes it bona fide

12


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(*) 4otwithstanding anything contained in any law for the time being in force, no court shall impose asentence in e$cess of that specified in sub section for any contempt either in respect of itself or of a court

subordinate to it(0) 4otwithstanding anything contained in this section, where a person is found guilty of a civil contempt,

the court, if it considers that a fine will not meet the ends of %ustice and that a sentence of imprisonmentis necessary shall, instead of sentencing him to simple imprisonment, direct that the he be detained in a

civil prison for such period not e$ceeding si$ months as it may think fit(:) >here the person found guilty of contempt of court in respect of any undertaking given to a court is a

company, every person who, at the time the contempt was committed, was in charge of, and was

responsible to, the company for the conduct of business of the company, as well as the company, shall bedeemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, bythe detention in civil prison of each such person

6rovided that nothing contained in this sub section shall render any such person liable to such punishmentif he proves that the contempt was committed without his knowledge or that he e$ercised all due diligence

to prevent its commission

(/) 4otwithstanding anything contained in sub section (:) where the contempt of court referred to thereinhas been committed by a company and it is provided that the contempt has been committed with the

consent or connivance of, or is attributable to any neglect on the part of, any director, manger, secretary

or other officer of the company, such director, manager, secretary or other officer shall also be deemed tobe guilty of the be contempt and the punishment may be enforced, with the leave of the court, by the

detention in civil prison of such director, manager, secretary or other officer"$planation 2


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(iv) "$emplary costs may be awarded instead of imposing a fine; 4aamunnissa .haukat 'li v DunicipaCorporation of Ereater -ombay, (1) Dah &A 0* (-om)#

1A+ Proced're $here contempt is in the face of the :'preme Co'rt or a hi!h co'rt 0 () >hen itis alleged, or appears to the .upreme Court or the high court upon its own view, that a person has been

guilty of contempt committed in its presence or hearing, the court may cause such person to be detainedin custody, and, at any time before the rising of the court, on the same day, or as early as possible

thereafter, shall 22(a) Cause him to be informed in writing of the contempt with which he is charged

(b) 'fford him an opportunity to make his defence to the charge

(c) 'fter taking such evidence as may be necessary or as may be offered by such person and after hearinghim, proceed, either forthwith or after ad%ournment, to determine the matter of the charge, and(d) Dake such order for the punishment or discharge of such person as may be %ust#

(*) 4otwithstanding anything contained in sub section () where a person charged with contempt underthe sub section applies, whether orally or in writing, to have the charge against him tried by some %udge

other than the %udge or %udges in whose presence or hearing the offence is alleged to have been

committed, and the court is of opinion that it is practicable to do so and that in that interest of properadministration of %ustice the application should be allowed, it shall cause the matter to be placed, together

with a statement of the facts of the case, before the chief %ustice for such directions as he may think fit to

issue as respects the trial thereof(0) 4otwithstanding anything contained in any other law, in any trial of a person charged with contempt

under sub section () which is held, in pursuance of a direction given under sub section (*), by a %udgeother than the %udge or %udges in whose presence or hearing the offence is alleged to have been

committed, it shall not be necessary for the %udge or %udges in whose presence or hearing the offence isalleged to have been committed to appear as a witness and the statement placed before the chief %ustice

under sub section (*) shall be treated as evidence in the case(:) 6ending the determination of the charge, the court may direct that a person charged with contempt

under this section shall be detained in such custody as it may specify6rovided that he shall be released on bail, of a bond for such sum of money as the court thinks sufficient

is e$ecuted with or without sureties conditioned that the person charged shall attend at the time and placementioned in the bond and shall continue to so attend until otherwise directed by the court

6rovided further that the court may, if it thinks fit, instead of taking bail from such person, discharge himon his e$ecuting a bond without sureties for his attendance as aforesaid#

2Comments(i) >here contempt 2

2 2(a) It committed in the presence or hearing of the .upreme Court or the high court, o(b) Is not committed in the presence or hearing of the .upreme Court or the high court, but a complaint is

made immediately before the alleged contemner leaves the precincts of that court, then the procedure laiddown in this section has to be adopted#

2(ii) If the court did not take action under section : then the procedure of section / cannot be adoptedlater; Dansiha Dukher%ee v 'ashoke Chatter%ee, 7/ Cr &5 **:

1+ Co!nisance of criminal contempt in other cases2 () In the case of a criminal contempt, otherthan a contempt referred to in section :, the .upreme Court or the high court may take action on its own

motion or on a motion made by 22(a) !he advocate2general, or

(b) 'ny other person, with the consent in writing of the advocate2general, (4ote2 Ins# by 'ct :/ of 8+,sec#*)

(c) F(4ote2 Ins# by 'ct :/ of 8+, sec#*)G In relation to the high court for the union territory of 9elhisuch law officer as the central government may, by notification in the official gazette, specify in this

behalf, or any other persons, with the consent in writing of such law officer#

(*) In the case of any criminal contempt of a subordinate court, the high court may take action on areference made to it by the subordinate court or on a motion made by the advocate2general or, in relation

to a union territory, by such law officer as the central government may, by notification in the officiagazette, specify in this behalf

(0) "very motion or reference made under this section shall specify the contempt of which the person

charge is alleged to be guilty#

14


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"$planation 2 In this section, the e$pression Kadvocate2generalK means 2(a) In relation to the .upreme Court, the attorney or the solicitor2genera

(b) In relation to the high court, the advocate2general of the state or any of the states for which the highcourt has been established

(c) In relation to the court of a %udicial commissioner, such law officer as the central government may, bynotification in the official gazette, specify in this behalf#

2Comments(i) !he court can take action 2

(a) n motion by the advocate2general himself; or

(b) n motion by anyone with the consent of the advocate2general; or(c) n report by a subordinate court, in cases not covered by section : of the 'ct(ii) 6rocedure of making a reference cannot apply in a case when the presiding officer of a subordinate

court himself is guilty of contempt of court; -erely v avier, 77 Cr &5 1(iii) It is always open the high court to take action suo motu in respect of a subordinate court; state of

rissa v A 4 6atra, 8+ Cr &5 ::1 (ri); see also ' A Aao, 7 Cr &5 0**

(iv) 'bsolute discretion is rested in the advocate2general in the matter of according consent; 4Menkataramanappa v 9 4aikar, 'IA 8/ ant /8

(v) 4obody has a right to compel the subordinate court to make a reference to the high court; 5omon v

the state of erala, (78) I5 Aeports *80 (erala)(vi) ' negative fact cannot be proved; M anade v Dandho Eodkari, (1) I Dah &A /:: (-om)#

(vii) Contemner has no right to produce defence to establish the truth of his allegations; In re & Eauba,'IA :* &ah 1/; see also In re Aam Dohanlal, 'IA 0/ 'll 07#

1/+ Contempt 4y 8'd!e, ma!istrate or other person actin! 8'dicially2 () .ub%ect to the provisionsof any law for the time being in force, a %udge, magistrate or other persons act in %udicially shall also be

liable for contempt of his own court or of any other court in the same manner as any other individual isliable and the provisions of this 'ct, so far as may be, apply accordingly

(*) 4otwithstanding in this section shall apply to any observations or remarks made by a %udgemagistrate or other person act in %udicially, regarding a subordinate court in an appeal or revision pending

before such %udge, magistrate or other person against the order or %udgement of the subordinate court#2Comments

(i) nly a %udge of a subordinate court can be said to have committed contempt of his own court i#e# thecourt in which such %udge is presiding; 3arish Chandra v . 'li 'hmed, 78 Cr &5 0*1 (6at)

(ii) ' %udge can foul %udicial administration by misdemeanors while engaged in the e$ercise of thefunctions of a %udge; -aradakanta v the registrar, rissa high court, 'IA 8: .C 81

(iii) !he magistrates should be conscious of their heavy responsibilities and should not act in a mannerpre%udicial to the litigants; - 4 Choudhary v . D .ingh, +8 Cr &5 : (6at)

(iv) >hen the president officer of a subordinate court is guilty of contempt of court, procedure of making areference cannot apply under section / of the 'ct; -erely v avier, 77 Cr &5 1#

17+ Proced're after co!nisance 2 () 4otice of every proceeding under section / shall be servedpersonally on the person charged, unless the court for reasons to be recorded directs otherwise

(*) !he notice shall be accompanied 2

2(a) In the case of proceedings commenced on a motion, by a copy of the motion as also copies of theaffidavits, if any, on which such motion is founded and

(b) In case of proceedings commenced on a reference by a subordinate court, by a copy of the reference#(0) !he court may, if it is satisfied that a person charged under .ection / is likely to abscond or keep out

of the way to avoid service of the notice, order the attachment of his property of such value or amount as

it may deem reasonable

(:) "very attachment under sub section (0) shall be effected in the manner provided in the code of civilprocedure, 17 F/ of 17 (4ote now see code of criminal procedure, 80 (* of 8:)G, for theattachment of property in e$ecution of a decree for payment of money, and if, after such attachment, the

person charged appears and shows to the satisfaction of the court that he did not abscond or keep out ofthe way to avoid service of the notice, the court shall order the release of his property from attachment

upon such terms as to costs or otherwise as it may think fit(/) 'ny person charged with contempt under .ection / may file an affidavit in support of this defence,

and the court may determine the matter of the charge either on the affidavits filed or after taking suchfurther evidence as may be necessary, and pass such order as the %ustice of the case re?uires#

2Comments(i) !he period of one year has to be reckoned from the date on which a notice under this section has been

15


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issued; A 4air v Dohan 9as, 1 Cr &5 +: ('6)(ii) 'n order initiating proceeding for contempt by a notice issued under section 8 is not appealable under

section of the 'ct; the union of India v Dario Coural .a# 'IA 7* .C +(iii) Committal for contempt is always discretionary with the court; . C 4andy v E D -hattachar%ee, 'IA

/ Cal /18(iv) !he position of a contemner is that of an accused person; D A 6arashar v 9r hen thee high court ac?uits the contemner, no appeal lies; .ubhash Chandra v - A akkar, (*) *

6un% &r :+ (6 @ 3)(ii) If the order of committal for contempt of court is made 2

(b) -y a single %udge of the high court, an appeal lies to a division bench thereof; or(c) -y a division bench of the high court, an appeal lies to the .upreme Court, as of a statutory right;

Dohammad Idris v A 5 -abu%i, (7:) * Crimes 771 (.C)(iii) It is not each and every order passed during the contempt proceedings that is appealable; . 6 >ahi v

.urendra .ingh, 70 Cr &5 :*+(iv) 'n appeal does not automatically operate as a stay of the order appealed against; 3ans Aa% v state of

3imachal 6radesh, 7/ Cr &5 101#

.3+ imitation for actions for contempt2 4o court shall initiate any proceedings if contempt, either onits own motion or otherwise, after the e$piry of a period of one year from the date on which the contempt

is alleged to have been committed#2Comments

(i) Initiation of any proceedings for contempt is barred after the e$piry of a period of one year from the

date on which the contempt is alleged to have been committed; M D anade v Dadhao Eadkari, (1) Dah &A /:: (-om)

16


17/22

(ii) 4o intervening event or order stops the running of time specified in this section; Eolcha 'vertising'gency v the state of Daharashtra, (1) * -om CA *+* (-om)

(iii) !he e$pression KcourtK denotes a high court or the .upreme Court; the state of -ihar v 'mbika Aoy, Cr &5 7* (6at)

(iv) !he provisions of the &imitation 'ct, +0 do not apply; rishnalal Chhoteylal, (78) 0 '&A ::#(v) 9elay in initiating contempt proceedings cannot be condoned; ! D ' 'bdul 3amed v . Aadhakrishnan,

7 &> (Crl) *08#.1+ ct not to apply to nyaya panchayatas or other "illa!e co'rts2 4othing contained in this 'ct

shall apply in relation to contempt of nyaya panchayats or other village courts, by whatever name known,

for the administration of %ustice, established under any law#..+ ct to 4e in addition to, and not in dero!ation of, other la$s relatin! to contempt2 !heprovisions of this 'ct shall be in addition to, and not in derogation of the provision of any other law

relating to contempt of courts#2Comments

!he provisions incorporated in the 'ct are supplemented to already e$isting law of contempt; 3arish

Chandra Disra v . 'li 'hmed, 'IA 7+ 6at +/#.6+ Po$er of the :'preme Co'rt and hi!h co'rt to ma;e r'les 2 !he .upreme Court or, a case may

be, any high court, may make rules, not inconsistent with the provisions of this 'ct, providing for any

matter relating to its procedure#2Comments

!he court is guided by its own procedure to be followed in the facts and circumstances of each individuacase and to see that the condemner is getting full opportunity to make his defence; Dohammed Mamin v

6 -ansal, 7* Cr &5 0** (Aa%)#.A+ Repeal2 !he Contempt of Courts 'ct, /* (0* of /*) is hereby repealed#

2Comments(i) !his section repealed the Contempt of Courts 'ct, /* (0* of /*) with effect from *:2*2

which had already repealed the Contempt to Courts 'ct, *+ (II of *+ w#e#f# :202/*(ii)


18/22

such document or documents or true copies thereof with the petition(d) 4o court2fee shall be payable on the petition, and on any documents filed in the proceedings#

2/# "very petition under rule 0 (b) and (c) shall be posted before the court for preliminary hearing and fororders as to issue of notice# =pon such hearing, the court, if satisfied that no prima facie case has been

made out for issue of notice, may dismiss the petition, and, if not so satisfied direct that notice of thepetition be issued to the contemnor

+# () 4otice to the person charged shall be in hen action is instituted on petition, a copy of the petition along with the anne$ure and affidavits shalbe served upon the person charged

8# !he person charged may file his reply duly supported by an affidavit or affidavits7# 4o further affidavit or document shall be filed e$cept with the leave of the court

# =nless otherwise ordered by the court, seven copies of the paper book shall be prepared in the registry

one for the petitioner, one for the opposite party and the remaining for the use of the court# !he paperbook in case shall be prepared at the e$pense of the central government and shall consist of the following

documents

2 2(i) 6etition and affidavits filed by the petitioner(ii) ' copy of, or a statement relating to, the ob%ectionable matter constituting the alleged contempt

(iii) Aeplay and affidavits of the parties(iv) 9ocuments filed by the parties

(v) 'ny other document which the registrar may deem fit to include#21# !he court may direct the attorney2general or solicitor2general to appear and assist the court

# () !he court may, if it has reason to believe, that the person charged is absconding or is otherwiseevading service of notice, or if he fails to appear in person or to continue to remain present in person in

pursuance of the notice, direct a warrant bailable or non2bailable for his arrest, addressed to one or morepolice officers or may order attachment of property# !he warrant shall be issued under the signature of the

registrar# !he warrant shall be in here a warrant is to be e$ecuted outside the union territory of 9elhi, the court may instead of

directing such warrant to police officer, forward it to the magistrate of the district or the superintendent ofpolice or commissioner of police of the district within which the person charged is believed to be residing

!he magistrate or the police officer to whom the warrant is forwarded shall endorse his name thereon, andcause it to be e$ecuted

(:) "very person who is arrested and detained shall be produced before the nearest magistrate within aperiod of *: hours of such arrest e$cluding the time necessary for the from the place of arrest to the court

of the magistrate, and no such person shall be detained in custody beyond the said period without the

authority of a magistrate#2*# !he court may, either suo motu, or on motion made for that purpose, order the attendance for

cross2e$amination, for a person whose affidavit has been filed in the matter0# !he court may make orders for the purpose of securing the attendance of any person to be e$amined

as a witness and for discovery of production of any document

:# !he court may pass such orders as it thinks fit including orders as to costs which may recovered as if

the order were a decree of the court/# .ave as otherwise provided by the rules contained herein, the provisions of the .upreme Court Aules++ shall, so far as may be, apply to proceedings in relation to proceedings in contempt under this part#

+# >here a person charged with contempt is ad%usted guilty and is sentenced to suffer imprisonment, awarrant of commitment a d detention shall be made out in


19/22

EDITOR'S PICK

Contempt of court and the mediaRitu Tiwary, Aju John

The problems raised by trial by media involve a tug of war between two conflicting principles free press and free trial. Thefreedom of the press stems from the right of the public in a democracy to be involved on the issues of the day, which affectthem.[1]People cannot adequately influence the decisions that affect their lives unless they can be adequately informed on thefacts and arguments relevant to the decisions. Much of such factfinding and argumentation necessarily has to be conductedvicariously, the public press being a principal instrument. This is also the !ustification for investigative and campaign !ournalism.["]

#t the same time, the right to fair trial, uninfluenced by e$traneous pressures is recogni%ed as a basic tenet of !ustice. The&onstitution of 'ndia[(]and the &ontempt of &ourts #ct, 1)*1 contain provisions aimed at safeguarding the right to fair trial.+estrictions are imposed on the discussion or publication of matters relating to the merits of a case pending before a &ourt. #!ournalist may thus be liable for contempt of court if he publishes anything which might pre!udice a fair trial or anything whichimpairs the impartiality of a court to decide a cause on its merits, whether the proceedings before the &ourt be a criminal or civiproceeding.[]

'n relation to freedom of speech and e$pression, there are three types of contempt of court-

a/ 0ne ind of contempt is scandali%ing the court itself2

b/ There may liewise be a contempt of court in abusing parties who are concerned in causes in the court2

c/ There may also be contempt in pre!udicing manind against persons before the cause is heard.

3owever, the above classifications are by no means e$haustive. 4ery broadly speaing, the conduct may refer to anything thattends to bring the administration of !ustice into disrepute or to obstruct or interfere with the due course of !ustice .[5]

Pre-trial publicity

6ensationali%ed !ournalism has also had an impact on the !udiciary. 7or e$ample, in upholding the imposition of the deathpenalty on Mohammed #f%al for the 8ecember "991 attac on the 'ndian Parliament, :ustice P. 4enatarama +eddi stated,t/he incident, which resulted in heavy casualties, had shaen the entire nation and the collective conscience of the society wil

only be satisfied if capital punishment is awarded to the offender.[;]

# media trial began almost immediately after #f%als arrest. 0nly one wee after the attac, on "9 8ecember "991, the policecalled a press conference during the course of which #f%al incriminated himself in front of the national media. The media playedan e$cessive and negative role in shaping the public conscience before #f%al was even tried.[*]

6imilarly, 6.#.+.


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have a pre!udicial impact on the suspects, accused, witnesses and even !udges and in general on the administration of !ustice.[11]The report said, according to our law, a suspect@accused is entitled to a fair procedure and is presumed to be innocent tillproved guilty in a court of law. Aone can be allowed to pre!udge or pre!udice his case by the time it goes to trial.[1"]

't said that publications, which interfered or tend to interfere with the administration of !ustice would amount to criminal contemptunder the &ontempt of &ourts #ct, 1)*1 and if in order to preclude such interference, the provisions of that #ct imposereasonable restrictions on freedom of speech, such restrictions would be valid.

The report noted that at present, under 6ection ( "/ of the &ontempt of &ourts #ct, 1)*1 such publications would be contemptonly if a chargesheet had been filed in a criminal case. The &ommission has suggested that the starting point of a criminal caseshould be from the time of arrest of an accused and not from the time of filing of the charge sheet. 'n the perception of the&ommission such an amendment would prevent the media from pre!udging or pre!udicing the case.

The Bnited 6tates and #ustralia both have stringent provisions regulating media trials, and the solutions that are envisaged tothe damage caused to the right to a fair trial of the accused range from sequestering of the !udge@!ury for the duration of the trial,to transferring trials to more neutral !urisdictions, to declaring mistrials and acquitting accused persons, and in e$treme cases,even barring further criminal complaints against an accused whose character has been so tarnished by media scrutiny that itwould be impossible for him to be given a fair trial. 'n 'ndia, the Press &ouncil of 'ndia does have regulations concerningreporting of sub judicematters, but a violation of these norms will only call for sanction against the media organi%ation and willnot necessarily ensure !ustice to the accused. #t present, in 'ndia, the impossibility of a fair trial for an accused can possibly be aground for transfer of cases to another !urisdiction. The 6upreme &ourt has come down on trials by media, especially in dowrycases, where public sympathy is clearly with the victim and her family, and outpours of public outrage against the erranthusband and his family easily find place in local publications.

'n M P Lohia v. State of West en!al[1(], :ustice 6antosh 3egde of the 6upreme &ourt felt compelled to note the disturbingfactor. The case concerned the death of one &handni in 7ebruary, "99" and the complaint in this regard was registered, theinvestigation was in progress and the application for grant of anticipatory bail had been disposed of by the 3igh &ourt of &alcuttawhen an article has appeared in a maga%ine called 6aga titled 8oomed by 8owry written by one Caoli Poddar based on herinterview of the family of the deceased. :ustice 3egde remared that all material narrated therein are those that may be used inthe forthcoming trial, and was convinced that they would certainly interfere with the administration of !ustice.

The need for openne

There is a concern that the above regulations may result in the restricted reporting of important cases. 'n the interests ofensuring fair trials, the media in BC for instance have restricted the reporting of terrorist trials for long periods. &onvictionfollowing a fair trial is a ma!or weapon to combat terrorism.

The case with family courts is also similar. There is a feeling that the worings of, and the decisions made in family courts aretoo secretive. The argument runs that without increased openness there can be no confidence in the worings of the familycourt, and therefore no confidence in the process or the outcomes. To a consultation in the BC on the issue, the Aewspaper6ociety wrote that-

?e fully support the proposal that the media should be allowed to attend #== family courts as of right and the principle of ageneral presumption of openness must be the established if public confidence and accountability is to be achieved. The role ofthe media as representative of the public particularly in relation to attendance at court proceedings is well established andunderstood.

Media groups argue that the solution lies in letting !ournalists in as of right to act as a pro$y for the public. To restrict them wouldbe to deny the public and mean that miscarriages of !ustice could go unrecognised and unreported.

The contempt law is as old as &ommon =aw itself. The &ourt, however, will act only where !ustice is !eopardi%ed by a grossand@or unfounded attac on the :udges, where the attac is calculated to obstruct or destroy the !udicial process. The !udiciarycannot be immune from criticism. :udges and courts are alie open to criticism, and if reasonable argument or e$postulation isoffered against any !udicial act as contrary to law or the public good, no &ourt could or would treat that as contempt of court. 't isonly the scurrilous abuse on a :udge in his character as a :udge, which would be actionable under the &ontempt of &ourts #ct.

The freedom of the press and the independence of the !udiciary are two of the most important indices of democracy in a country.'t is essential to preserve both. Pliable press and subservient !udiciary are the first step in the process of e$tinguishment ofdemocratic lights[1].

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"Ritu Tiwary is a student at #$L% in Rai&ur. Aju John is an editor at 'ndlaw.(

[1]A.). v. Ti*es $ews&a&er, 1)*(/ ( #ll D+ 5, 1)*( 'A8=#? 3= 19.

["]'d.

[(]The &onstitution of 'ndia, arts. 1") and "15.

[]athina v. State of Madras, 1)5"/ 6&+ "5.

[5]J.R. Parashar v. Prashant hushan, "991/ ; 6&& *(5,"991 'A8=#? 6& "9*(;.

[;]Trial by Media at http-@@www.hrdc.net@sahrdc@ March (, "99>/.

[*]'d.

[>]'d.

[)]See, Trial by Media- 7ree 6peech v. 7ree Trial &riminal Procedure #mendments to the &ontempt of &ourt #ct, 1)*1/, "99 t

=aw &ommission +eport, "99;.

[19]http-@@timesofindia.indiatimes.com@articleshow@"(5"9*.cms.

[11]Su&ra note ".

[1"]'d.

[1(]"995 'A8=#? 6& *1.

[1]. :. 3.+. Channa, 7reedom of D$pression with particular reference to 7reedom of the Media, 1)>"/ " 6&& :our/ 1.

ON December 5, a full Bench of the Karnataa !"#h $ourt, com%r"&"n# 'u&t"ce& ()*) (haur, !)+) Dattu an

).) *abhah"t,suo motu "n"t"ate cr"m"nal contem%t of court %rocee"n#& a#a"n&t 56 %er&on& from 14ne/&%a%er& an ma#a"ne& for re%orta#e that &canal"&e the "ma#e of the u"c"ar)

(he re%ort"n# %erta"ne to a recent &e &canal at a re&ort "n &ore, "n /h"ch a #rou% of !"#h $ourt u#e&

/ere alle#el "nole)

(he re&%onent& to the contem%t not"ce "nclue the e"tor&, %r"nter&, %ubl"&her& an re%orter& of The Times of

India, The New Indian Express, The Hindu, The Deccan Heraldan The Hindustan Times n#l"&h a"l"e&:Kannada Prabha,Prajavani, ija!a Karnata"aan #da!avani Kannaa a"l"e&:$an"esh Patri"e,%&ni,Nota

Kannaa %er"o"cal&: an The 'ee"an (utloo" n#l"&h /eel"e&) (he court orere that emer#enc

not"ce& be "&&ue to them a&"n# them to &ho/ cau&e /h contem%t of court %rocee"n#& &houl not be "n"t"ate

a#a"n&t them uner *ect"on 2 c of the $ontem%t of $ourt ;ct, 1971, an /h the &houl not be %un"&heaccor"n# to the la/) (hesuo motu%rocee"n#& /ere "n"t"ate follo/"n# a note %ut u% b the


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"n&en&"t""t to the %eo%le>& r"#ht to "nformat"on "n the %ol"t, the u"c"ar "nclue) h"le aff"rm"n# the h"#h

e&teem "n /h"ch the .u"l hel the u"c"ar, the Aue&t"on at han " not %erta"n to /ho /a& r"#ht an /ho/a& /ron#, the hel) hat the .u"l " e%ect /a& for the u"c"ar to f"n "t& o/n an&/er& to correct "t&

funct"onal aberrat"on&, "f an) (he %re&ent "&&ue &houl not be &een a& a matter of %re&t"#e)

Ne/& of an alle#e &e-&canal, /h"ch occurre on No

httpBBwww#thehindu#comBflineBfl*+BstoriesB*11011011+0:11#htm

Documents

53639643 Contempt of Courts Act 1971 Final Notes