Contempt of Courts Act
1. Short title and extent
2. Definitions
3. Innocent publication and distribution of matter not contempt
4. Fair and accurate report of judicial proceeding not contempt
5. Fair criticism of judicial act not contempt
6. Complaint against presiding officers of subordinate courts when not contempt
7. Publication of information relating to proceeding in chambers or in camera not contempt except in certain cases
8. Other defenses not affected
9. Act not to imply enlargement of scope of contempt
10. Power of High Court to punish contempt of subordinate courts
11. Power of High Court to try offences committed or offenders found outside jurisdiction
12. Punishment for contempt of court
13. Contempt not punishable in certain cases
14. Procedure where contempt is in the face of the Supreme Court or a High Court
15. Cognizance of criminal contempt in other cases
16. Contempt by judge, magistrate or other person acting judicially
17. Procedure after cognizance
18. Hearing of cases of criminal contempt to be by Benches
19. Appeals
20. Limitation for actions for contempt
21. Act not to apply to Nyaya Panchayats or other village courts
22. Act to be in addition to, and not in derogation of, other laws relating to contempt
23. Power of Supreme Court and High Courts to make rules
24. Repeal
Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975
1. Short title and extent
(1) This Act may be called the Contempt of Courts Act, 1971.
(2) It extends to the whole of India:
PROVIDED that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to contempt of the Supreme Court.
2. Definitions
In this Act, unless the context otherwise requires-
(a) "contempt of court" means civil contempt or
criminal contempt;
(b) "civil contempt" means willful disobedience to any
judgment, decree, direction, order, writ or other process of a court or willful
breach of an undertaking given to a court;
(c) "criminal contempt" 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) scandalizes, or tends to scandalize, or
lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to
interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with,
or obstructs or tends to obstruct, the administration of justice in any other
manner;
(d) "High Court" means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territory.
3. Innocent publication and distribution of matter not contempt
(1) A 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
justice in connection with any civil or criminal proceeding pending at that
time of publication, if at that time he had no reasonable grounds for believing
that the proceeding was pending.
(2) Notwithstanding anything to the contrary contained in this
Act or any other law for the time being in force, the publication of any such
matter as is mentioned in sub-section (1) in connection with any civil or
criminal proceeding which is not pending at the time of publication shall not
be deemed to constitute contempt of court.
(3) A 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 (1), 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 :
PROVIDED that this sub-section shall not apply in
respect of the distribution of-
(i) any publication which is a book or paper
printed or published otherwise than in conformity with the rules contained in
section 3 of the Press and Registration of Books Act, 1867, (25 of 1867);
(ii) any publication which is a newspaper
published otherwise than in conformity with the rules contained in section 5 of
the said Act.
Explanation: For the purposes of this section, a judicial
proceeding-
(a) is said to be pending-
(A) in the case of a civil proceeding, when it
is instituted by the filing of a plaint or otherwise,
(B) in the case of a criminal proceeding under
the Code of Criminal Procedure, 1898 (5 of 1898)1, or any other law-
(i) where it relates to the commission of an
offence, when the charge sheet or challan is filed, or when the court issues
summons or warrant, as the case may be, against the accused, and
(ii) in any other case, when the court takes
cognizance of the matter to which the proceeding relates, and in the case of a
civil or criminal proceeding, shall be deemed to continue to be pending until
it is heard and finally decided, that is to say, in a case where an appeal or
revision is competent, until the appeal or revision is heard and finally
decided or, where no appeal or revision is preferred, until the period of
limitation prescribed for such appeal or revision has expired.
(b) which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending.
4. Fair and accurate report of judicial proceeding not contempt
Subject to the provisions contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof.
5. Fair criticism of judicial act not contempt
A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.
6. Complaint against presiding officers of subordinate courts when not contempt
A person shall not be guilty of contempt of court in respect of
any statement made by him in good faith concerning the presiding officer of any
subordinate court to-
(a) any other subordinate court, or
(b) the High Court, to which it is subordinate.
Explanation: In this section, "subordinate court" means any court subordinate to a High Court.
7. Publication of information relating to proceeding in chambers or in camera not contempt except in certain cases
(1) Notwithstanding anything contained in this Act, a person
shall not be guilty of contempt of court for publishing a fair and accurate
report of a judicial proceeding before any court sitting in chambers or in camera
except in the following cases, that is to say-
(a) where the publication is contrary to the
provisions of any enactment for the time being in force;
(b) where the court, on ground of public
policy or in exercise of any power vested in it, expressly prohibits the
publication of all information relating to the proceeding or of information of
the description which is published;
(c) where the court sits in chambers or in
camera for reason connected with public order or the security of the State, the
publication of information relating to those proceedings;
(d) where the information relates to a secret
process, discovery or invention which is an issue in proceedings.
(2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.
8. Other defenses not affected
Nothing contained in this Act shall be construed as implying that any other defense which would have been a valid defense in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act.
9. Act not to imply enlargement of scope of contempt
Nothing contained in this Act shall be construed as implying that any disobedience, breach, publication or other act is punishable as contempt of court which would not be so punishable apart from this Act.
10. Power of High Court to punish contempt of subordinate courts
Every High Court shall have and exercise the same jurisdiction,
powers and authority, in accordance with the same procedure and practice, in
respect of contempt of courts subordinate to it as it has and exercises in
respect of contempt of itself:
PROVIDED that no High Court shall 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 Penal Code (45 of 1860).
11. Power of High Court to try offences committed or offenders found outside jurisdiction
A High Court shall have jurisdiction to inquire 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 jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.
12. Punishment for contempt of court
(1) Save as otherwise expressly provided in this Act or in any
other law, a contempt of court may be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to two
thousand rupees, or with both:
PROVIDED that the accused may be discharged or the
punishment awarded may be remitted on apology being made to the satisfaction of
the court.
Explanation : An apology shall not be rejected merely on the
ground that it is qualified or conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time
being in force, no court shall impose a sentence in excess of that specified in
sub-section (1) for any Contempt either in respect of itself or of a court
subordinate to it.
(3) Notwithstanding 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 justice 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 exceeding six months as it
may think fit.
(4) Where 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 be 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:
PROVIDED that nothing contained in this sub-section
shall render any such person liable to such punishment if he proves that the
contempt was committed without his knowledge or that he exercised all due
diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where
the contempt of court referred to therein has been committed by a company and
it is proved that the contempt has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be 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 such director, manager, secretary or other
officer.
Explanation: For the purpose of sub-sections (4) and (5)-
(a) "company" means any body corporate and includes a
firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
13. Contempt not punishable in certain cases
Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice.
14. Procedure where contempt is in the face of the Supreme Court or a High Court
(1) When it is alleged, or appears to the Supreme 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
detained in custody, and, at any time before the rising of the court, on the
same day, or as early as possible thereafter, shall-
(a) cause him to be informed in writing of the
contempt with which he is charged;
(b) afford him an opportunity to make his
defense to the charge;
(c) after taking such evidence as may be
necessary or as may be offered by such person and after hearing him, proceed,
either forthwith or after adjournment; to determine the matter of the charge;
and
(d) make such order for the punishment or
discharge of such person as may be just.
(2) Notwithstanding anything contained in sub-section (1), where
a person charged with contempt under that sub-section applies, whether orally
or in writing, to have the charge against him tried by some judge other than
the judge or judges 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 the interests of proper administration of justice 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 justice for such
directions as he may think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any
trial of a person charged with contempt under sub-section (1) which is held, in
pursuance of a direction given under sub-section (2), by a judge other than the
judge or judges in whose presence or hearing the offence is alleged to have
been committed, it shall not be necessary for the judge or judges in whose
presence or hearing the offence is alleged to have been committed to appear as
a witness and the statement placed before the Chief justice under sub-section
(2) shall be treated as evidence in the case.
(4) Pending 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:
PROVIDED that he shall be released on bail, if a bond
for such sum of money as the court thinks sufficient is executed with or
without sureties conditioned that the person charged shall attend at the time
and place mentioned in the bond and shall continue to so attend until otherwise
directed by the court:
PROVIDED FURTHER that the court may, if it thinks fit instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.
15. Cognizance of criminal contempt in other cases
(1) In the case of a criminal contempt, other than a contempt
referred to in section 14, the Supreme Court or the High Court may take action
on its own motion or on a motion made by:-
(a) the Advocate-General, or
(b) any other person, with the consent in writing
of the Advocate-General, 2[or]
2[(c)in relation to the High Court for
the Union territory of Delhi, such Law Officer as the Central Government may,
by notification in the Official Gazette, specify in this behalf, or any other
person, with the consent in writing of such Law Officer.]
(2) In the case of any criminal contempt of a subordinate court,
the High Court may take action on a reference made to it by the subordinate
court or on a motion made by the Advocate-General or, in relation to a Union territory,
by such Law Officer as the Central Government may, by notification in the
Official Gazette, specify in this behalf.
(3) Every motion or reference made under this section shall
specify the contempt of which the person charged is alleged to be guilty.
Explanation: In this section, the expression
"Advocate-General" means-
(a) in relation to the Supreme Court, the Attorney-General or
the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the
State or any of the States for which the High Court has been established;
(c) in relation to the court of a judicial Commissioner, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
16. Contempt by judge, magistrate or other person acting judicially
(1) Subject to the provisions of any law for the time being in
force, a judge, magistrate or other person acting judicially shall also be
liable for contempt of his own court or of any other court in the same manner
as any other individual is liable and the provisions of this Act shall, so far
as may be, apply accordingly.
(2) Nothing in this section shall apply to any observation or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.
17. Procedure after cognizance
(1) Notice of every proceeding under section l5 shall be served
personally on the person charged, unless the court for reasons to be recorded
directs otherwise.
(2) The notice shall be accompanied-
(a) in the case of proceedings commenced on a
motion, by a copy of the motion as also copies of the affidavits, 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.
(3) The court may, if it is satisfied that a person charged
under section 15 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.
(4) Every attachment under sub-section (3) shall be effected in
the manner provided in the Code of Civil Procedure, 1908 (5 of 1908)1,
for the attachment of property in execution of a decree for payment of a 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 of the 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.
(5) Any person charged with contempt under section 15 may file
an affidavit in support of the defense, 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 justice of the case
requires.
Comment: Once the act, which prima facie shows that contempt of the court has been committed, is brought to the notice of the court, it is the court which has to decide whether the contempt has been committed or not or whether it is appropriate to take action or at a later date whether to drop the proceedings. The matter is primarily between the court and ,the contemnor. Shri Amrit Nahata v. Union of India AIR 1986 SUPREME COURT 791
18. Hearing of cases of criminal contempt to be by Benches
(1) Every case of criminal contempt under section 15 shall be
heard and determined by a Bench of not less than two judges.
(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner.
19. Appeals
(1) An appeal shall lie as of right from any order or decision
of the High Court in the exercise of its jurisdiction to punish for contempt-
(a) where the order or decision is that of a
single judge, to a Bench of not less than two judges of the court;
(b) where the order or decision is that of a
Bench, to the Supreme Court:
PROVIDED that where the order or decision is that of the
Court of the Judicial Commissioner in any Union territory, such appeal shall
lie to the Supreme Court
(2) Pending any appeal, the appellate court may order that-
(a) the execution 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.
(3) Where any person aggrieved by any order against which an
appeal may be filed satisfies the High Court that he intends to prefer an
appeal, the High Court may also exercise all or any of the powers conferred by
sub-section (2).
(4) An appeal under sub-section (1) shall be filed-
(a) in the case of an appeal to a Bench of the
High Court, within thirty days;
(b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against.
20. Limitation for actions for contempt
No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.
21. Act not to apply to Nyaya Panchayats or other village courts
Nothing contained in this Act shall apply in relation to contempt of Nyaya Panchayats or other villages courts, by whatever name known, for the administration of justice, established under any law.
22. Act to be in addition to, and not in derogation of, other laws relating to contempt
The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law relating to contempt of courts.
23. Power of Supreme Court and High Courts to make rules
The Supreme Court or, as may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure.
24. Repeal
The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed.
Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975
GSR 142- In exercise of the powers under section 23 of the
Contempt of Courts Act, 1971 read with article 145 of the Constitution of India
and all other powers enabling it in this behalf, the Supreme Court hereby
makes, with the approval of the President, the following rules: -
1.
(1) These Rules may be called the Rules to
Regulate Proceedings for Contempt of the Supreme Court, 1975.
(2) They shall come into force on the date of
their publication in the Official Gazette.1
PART I
2.
(1) Where contempt is committed in view or
presence or hearing of the Court, the contemner may be punished by the Court
before which it is committed either forthwith or on such date as may be
appointed by the Court in that behalf.
(2) Pending the determination of the charge,
the Court may direct that the contemner shall be detained in such custody as it
may specify:
PROVIDED that the contemner may released on bail on such terms as the Court may direct.
PART II
3. In case of contempt other than the contempt referred to in
rule 2, the Court may take action:
(a) suo motu, or
(b) on a petition made by Attorney General, or
Solicitor General, or
(c) on a petition made by any person, and in
the case of a criminal contempt with the consent in writing of the Attorney
General or the Solicitor General.
4.
(a) Every petition under rule 3(b) or (c)
shall contain:-
(i) the name, description and place of
residence of the petitioner or petitioners and of the persons charged;
(ii) nature of the contempt alleged, and such
material facts, including the date or dates of commission of the alleged
contempt, as may be necessary for the proper determination of the case;
(iii) if a petition has previously been made
by him on the same facts, the petitioner shall give the details of the petition
previously made and shall also indicate the result thereof;
(b) The petition shall be supported by an
affidavit.
(c) Whether the petitioner relies upon a
document or documents in his possession or power, he shall file such document or
documents or true copies thereof with the petition.
(d) No court fee shall be payable on the
petition, and on any documents filed in the proceedings.
5. Every petition under rule 3(b) and (c) shall be posted before
the Court for preliminary hearing and for orders as to issue of notice. Upon
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 the petition be issued to the contemner.
6.
(1) Notice to the person charged shall be in
Form I. The person charged shall, unless otherwise ordered, appear in person
before the Court as directed on the date fixed for hearing of the proceeding,
and shall continue to remain present during hearing till the proceeding is
finally disposed of by order of the Court.
(2) When action is instituted on petition, a
copy of the petition along with the annexure and affidavits shall be served
upon the person charged.
7. The person charged may file his reply duly supported by an
affidavit or affidavits.
8. No further affidavit or document shall be filed except with
the leave of the Court.
9. Unless 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. The Paper Book
in the case shall be prepared at the expense of the Central Government and
shall consist of the following documents:-
(i) Petition and affidavits filed by the
petitioner.
(ii) A copy of, or a statement relating to,
the objectionable matter constituting the alleged contempt.
(iii) Reply and affidavit of the opposite
party.
(iv) Documents filed by the parties.
(v) Any other document which the Registrar may
deem fit to include.
10. The Court may direct the Attorney�General or
Solicitor-General to appear and assist the Court.
11.
(1) The Court may, if it has reason to
believe, that the person charged is absconding or is otherwise evading 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 non-bailable
for his arrest, addressed to one or more police officers or may order
attachment of property. The warrant shall be issued under the signature of the
Registrar. The warrant shall be in Form II and shall be executed, as far as may
be in the manner provided for execution of warrants under the Code of Criminal
Procedure.
(2) The warrant shall be executed by the officer
or officers to whom it is directed, and may also be executed by any other
police officer whose name is endorsed upon the warrant by whom it is directed
or endorsed.
(3) Where a warrant is to be executed outside
the Union Territory of Delhi, the Court may instead of directing such warrant
to police officer, forward it to the Magistrate of the District or the
Superintendent of Police or Commissioner of Police of the district within which
the person charged is believed to be residing. The Magistrate or the police
office to whom the warrant is forwarded shall endorse his name thereon, and
cause it to be executed.
(4) Every person who is arrested and detained
shall be produced before the nearest Magistrate within a period of twenty-four
hours of such arrest excluding the time necessary for the journey 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.
12. The Court may, either suo motu, or on motion made for that
purpose, order the attendance for cross-examination, of a person whose
affidavit has been filed in the matter.
13. The Court may make orders for the purpose of securing the
attendance of any person to be examined as a witness and for discovery of
production of any document.
14. The Court may pass such orders as it thinks fit including
orders as to costs which may be recovered as if the order were a decree of the
Court.
15. Save as otherwise provided by the rules contained herein, the provisions of the Supreme Court Rules, 1966, shall, so far as may be, apply to proceedings in relation to proceedings in contempt under this part.
16. Where a person charged with contempt is adjudged guilty and
is sentenced to suffer imprisonment, a warrant of commitment and detention
shall be made out in Form IV under the signature of the Registrar. Every such
warrant shall remain in force until it is cancelled by order of the Court or
until is executed. The Superintendent of the Jail shall in pursuance of the
order receive the person so adjudged and detain him in custody for the period
specified therein, or until further orders.