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.

COMMENTS

A willful and deliberate violation of the order of the court must be shown to interfere with the due course of justice before such conduct can be punishment for contempt.—Incon (India) Ltd. V. A.L. Rungta 1981 Cr LJ 144

The importance of the section lies in this that by implication it prevents the court from taking a technical view or a vindictive attitude. Consistent with the respect and dignity in which the court is held, the court is expected to conduct itself in a decent and magnanimous fashion.—anisha Mukherjee v. Ashok Chatterjee 1985 Cr LJ 1224

Where the act complained of substantially interferes or tends to interfere with the board stream of administration of justice that will be punishable in spite of s. 13. If an act undermines the prestige of the court, it is certainly substantially interfering with due course of justice. The impairment of the dignity and the authority of the court is to be exchanged. The purpose of contempt proceeding is to preserve and maintain the flow of stream of justice in its insulted form and purity.—Laxman Pd. Agarwal v. K.P. Singh 1991 Cr LJ 2834

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 defence 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.

COMMENTS

The fact that the process is to summary does not means that the procedural requirement, viz. that an opportunity of meeting the charge is denied to the contemner. The degree of precision with which the charge may be stated, depend, upon the circumstances so long as the gift of the specific allegation is made clear or otherwise the contemner is aware of the specific allegation, it is not always necessary to formulate the change is a specific allegation. Despite the objection that the judge deals with the contempt himself and the contemner has little opportunity to defend himself there is a residue case where not only it is justifiable to punish on the spot but it is the only realistic way of dealing with certain offender.

The judge has to remain in full control of the hearing of the case and he must be able to take steps to restore as early and quickly as possible.—In re Vinay Chandra Mishra 1995 (2) SCC 584

The power vested in the Supreme Court and the High Court being courts of record under arts. 129 and 215 of the Constitution respectively is an inherent power and that the jurisdiction vested is a special one and not derived from any other statute but derived only from arts. 129 and 215 of the Constitution.—Pritam Pal Singh v. High Court of M.P. AIR 1992 SC 904

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 (Inserted by Act 45 of 1976) [or]

(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.

COMMENTS

The whole object of prescribing procedural modes of taking cognizance in s. 15 is to safeguard the valuable time of the High Court and the Supreme Court being vested by frivolous complaints of contempt of court. Sec. 15(2) does not restrict the power of the High Court to take cognizance of the contempt of a subordinate court on its own motion although apparently the section does not say so.—Delhi Judicial Service Association v. State of Gujarat AIR SC 2176

Though the contempt jurisdiction of the Supreme Court and the High Court can be regulated by legislation by appropriate Legislature under Entry 77 of List 1 and 14 of List III in exercise of which the Parliament has enacted the Act of 1971, the contempt jurisdiction of the Supreme Court and High Court is given a constitutional foundation by declaring such courts, to be the “courts of records” under arts. 129 and 215 of the Constitution and there from the inherent power of the Supreme Court and High Court cannot be taken away by any legislation short of constitutional legislations.—Pritam Pal v. High Court 1992 Cr LJ 1269

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 subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.

COMMENTS

The judges have the absolute and unchallengeable control for the court domain. But they cannot misuse their authority by intemperate comments, undignified or scathing criticism of Counsel, parties or witnesses. The court has the inherent power to act truly upon its own convictions on any matter coming before it for adjudication, but it is a general principal of the highest importance to the proper administration of justice that derogatory remarks ought not to be made against persons or authority whose conduct comes into consideration unless it is absolutely necessary.—A.M. Mathur v. Pramod Kumar Gupta 1990 (2) SCC 533

17. Procedure after cognizance

(1) Notice of every proceeding under section 15 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) (See Code of Criminal Procedure, 1973), 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 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 justice of the case requires.

COMMENTS

It is not open to any contemner to take the plea that truth of the allegation is a justification.—Advocate General v. Rachapudi Subba Rao 1991 Cr LJ 613

The contemner is not entitled to adduce evidence in jurisdiction of his conduct.—V.M. Kanade v. Mahav Gadkari 1990 Cr LJ 190

The contempt proceedings are not criminal proceeding but are proceedings of a summary nature and the courts evolve their own procedure to dispose of such proceedings and accordingly extend the normal rules of procedure in contempt cases so as to act fairly and judiciously.—Vidaya Charan Shukla v. Tamil Nadu Olympic Association 1991 Cr LJ 2722

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 les 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

(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.

COMMENTS

The right of appeal is available under sub-s. 1 of s. 19 only against any decision or order of a High Court in the exercise of its jurisdiction to punish for contempt. The High Court exercises its jurisdiction or power as conferred upon it by art. 215 of the Constitution when it imposes a punishment for contempt when the High Court does not impose any punishment on the alleged contemner, it does not exercise its jurisdiction or power to punish for contempt under art. 215 of the Constitution.—D.N. Taneja v. Bhajan Lal 1988 (3) SCC 26

Contempt proceedings relate to special jurisdiction, so such power to recall or reviewed can be exercised by invoking ss. 362 and 482 of the Code of Criminal Procedure—State of U.P. v. Baldev 1992 Cr LJ 1251

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.

COMMENTS

Sec. 20 has no application where the contempt is a continuing wrong.—Firm Ganpat Ram Rajkumar v. Kalu Ram AIR 1989 SC 2285

Sec. 20 does not derogate from the power vested in every High Court under art. 215 of the Constitution.—High Court of Karnataka v. Y.K. Subanna 1990 Cr LJ 1159

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.

COMMENTS

The expression “not in derogation of” is intended to mean that substantive powers of contempt cannot be abrogated by the Act.—High Court of Karnataka v. Y.K. Subanna 1990 Cr LJ 1159

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 fficial Gazette (Published in the Gazette of India, dtd. 1-2-1975 and came into force from the date).

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, of

(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;

(i) 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;

(ii) 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 toremain 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, or 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.

PART III

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

FORM

NOTICE TO A PERSON CHARGED WITH CONTEMPT OF COURT

[Rule 6]

IN THE SUPREME COURT OF INDIA

(Original Jurisdiction)

Whereas your attendance is necessary to answer a charge of Contempt of Court by (here briefly state nature of the contempt).

You are hereby required to appear in person (or by Advocate if the Court has so ordered) before this Court at New Delhi on the_________day of_____200__ at 10.30 o’clock in the forenoon.

You shall attend the Court in person* on the _________day of______200__and shall continue to attend the Court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you.

Herein fail not.

Dated this _______day of ____200__

(SEAL)

REGISTRAR

*To be omitted where the person charged is allowed or ordered to appear by Advocate.

FORM II

WARRANT OF ARREST

[Rule II]

IN THE SUPREME COURT OF INDIA

(Original Jurisdiction)

(Name and designation of the person or persons who is or are to execute the warrant)

Whereas ___________of_____________is charged with committing contempt of this Court, you are hereby directed to arrest the said______and to produce him before this Court on the_______day of______200__ at 10.30 o’clock in forenoon.

Herein fil not.

(If the Court has issued a bailable warrant, the following endorsement shall be made on the warrant)

If the said_______shall give bail in the sum of Rs._________with one surety in the sum of Rs._________( or two sureties each in the sum of Rs.__________) to attend before this Court on the _______day of_____200___, at 10.30 o’clock in the forenoon and to continue so to attend until otherwise directed by this Court, he may be released.

(SEAL) REGISTRAR

FORM III

BOND AND BAIL-BONDS AFTER ARREST UNDER A WARRANT IN THE SUPREME COURT OF INDIA

(Original Jurisdiction)

I,____________(name) of_____________being brought before the District Magistrate of_____________(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of contempt of the Supreme Court do hereby bind myself to attend the Supreme Court on the _________day of_________next, to answere to the said charge, and to continue so to attend, until, otherwise directed by the Supreme Court, and in case of my making default herein, I bind myself to forfeit to Union India, the sum of rupees______________________

Dated this__________day of____________200___

(SIGNATURE)

I do hereby declare myself surety for the above named of_________that he shall attend before_____________in the Supreme Court on the __________day of_________next, to answer to the charge on which he has been arrested, and shall continues to attend until otherwise directed by the Supreme Court, and, in case of his making default therein, I bind myself to forfeit to Union of India, the sum of rupees_______________.

Dated this_________day of______200__

(SIGNATURE)

FORM IV

WARRANT OF COMMITMENT FOR CONTEMPT

[Rule 16]

IN THE SUPREME COURT OF INDIA

(Original Jurisdiction)

To the Superintendent (or Keeper) of the Jail at__________

Whereas at the Court Holden on this day (name and description of the contemner) has been adjudged by the Court guilty of willful contempt of Court, and he has been sentenced to suffer imprisonment for the period___________(here specify the term) and/or to pay a fine of rupees_______

This is to authorise and require you, the Superintendent (or Keeper) of the said Jail, to receive the said (name of the contemner) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) or for such shorter period as may hereafter be fixed by order of this Court and intimated to you. You are directed to return this warrant with an endorsement certifying the manner of its execution.

You are further directed that while the said__________is in your custody, produce the said__________before the Court, at all times when the Court shall so direct.

Given under my hand and the seal of the Court, this_________day of______200__

(SEAL)

REGISTRAR

Contents