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THE CONTEMPT OF COURTS ACT, An Act to define and limit the powers of certain courts in punishing contempts of courts and to regulate their.
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Contempt of Courts Act, 1971
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Contempt of Courts Act, 1971

Defence Defence National International Industry. Company Corporate Trends Deals. International Business World News. Alkem Laboratories Ltd. Adani Green Energy Ltd. Market Watch. Pinterest Reddit. NEW DELHI: Accidental or unintentional disobedience of court orders does not amount to contempt, unless there is a wilful attempt to obstruct the course of justice, the Supreme Court has ruled.

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Gupta had moved the apex court questioning the contempt proceedings initiated against him by the Single Judge of the High Court on December 8, for an alleged contempt committed by his predecessor in vis-a-vis an order passed by the judge on March 22, However, lack of knowledge or neglect on part of such persons with regard to contempt, can serve as a valid defence against such punishment. What are the powered vested with High Court with regard to awarding punishment for Contempt? What is the procedure to be followed in case contempt is committed in the face of the Supreme Court or a High Court?

V-4 Contempt of Courts Act 1971 : Part-1

In case the Supreme Court or the High Court finds a person guilty of contempt, committed in its presence or hearing, the court may cause;. What is the procedure to be followed in cases of criminal contempt other than the ones mentioned in the above question i. In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by such subordinate court. And, every such motion or reference should mention the charge of contempt.

What are the provisions related to Contempt of Court by a Judge, magistrate or other person acting judicially? 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.

However, no observations or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending shall be taken as contemptuous. The proceedings of contempt shall initiate by the court, either on its own motion or otherwise, before the expiry of a period of one year from the date on which the contempt is alleged to have been committed.

Running across 24 sections, this act repealed the Contempt of Court Act Section On a broader scale it helps in maintaining the sanctity of the most reserved branch of the democracy; the Judiciary. She is currently interning with LatestLaws. Monday, 13, Jan, Search Now. Categories : Articles. The Contempt of Court Act ; This act sought to remove the shortcomings of the act of by widening the jurisdiction of the High Court and the scope of contempt law. Therefore, this act; 1. Sanyal Committee recommendation A committee was set up under the chairmanship of H. Frequently Asked Questions Q1.

What is the scope of the Contempt of the Court Act ? The preamble to this act states that this is an act; 1.

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Publication of information relating to proceeding in chambers or in camera is contemptuous if; It is contrary to the provisions of any enactment; The court expressly prohibits the such publication; The court sits in chambers or in camera for reason connected with public order or the security of the State; and The information relates to a secret process, discovery or invention which is an issue in the proceedings.

Section 7.

Section-3 Publishing a fair and accurate report of a judicial proceeding or any stage thereof. Publication of any fair comment on the merits of any case which has been finally decided. Any statement made by a person in good faith concerning the presiding officer of any subordinate court to any other subordinate court, or the High Court, to which it is subordinate.

Publication of information relating to proceeding in chambers or in camera except in certain cases. Publication of a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera. What are the punishments prescribed for Contempt of Court under this act? 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. Section 1. Section 3. Any disobedience, breach, publication or other act which is punishable under this act for contempt of court may also be punishable under the provision of any other act.

Where the contempt of court has been committed by a company 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 persons 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.

The accused may be discharged or the punishment awarded to him may be remitted on apology being made to the satisfaction of the court.

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Provided that an apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. Section 1 - Explanation. Every High Court shall; Have and exercise the same jurisdiction, powers and authority, in case of contempt of courts subordinate to it, in accordance with the same procedure and practice, as it has and exercises, in respect of contempt of, itself. But every High Court is barred from taking cognizance of contempt offence committed against court subordinate to it which is punishable under Indian Penal Code, Have jurisdiction to inquire into or try contempt of, itself or of any court subordinate to it, whether alleged to have been committed within or outside the its jurisdiction, and whether the person alleged of such contempt, is within or outside such limits.

Every court is duty bound to impose a sentence which is not in excess of that specified in this act for any contempt either in respect of itself or of a court subordinate to it. Section 2.

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In case the Supreme Court or the High Court finds a person guilty of contempt, committed in its presence or hearing, the court may cause; Such person to be detained in custody, and, To be informed in writing of the contempt charges against him at any time before the rising of the court, on the same day, or as early as possible; To have an opportunity to make his defence; To proceed with the matter determining the charge, by conducting a fair hearing, considering all the evidence; To make such order for the punishment or discharged of such person as may be just.

To place before the Chief Justice, the application and facts of the matter of the contempt case, for his approval, if the person, charged with this offence of contempt, makes an application for his case to be tried by a judge who was not present in the court when the matter took place and the court thinks it fit in the interest of justice to so. To discharge such person from punishment on his executing a bond without sureties for his attendance as aforesaid, if it thinks it fit to do so. The procedure to be followed is as following Section Every person charged of criminal contempt should be served a notice of every proceeding undertaken in section 15, This notice should be accompanied by; A copy of the motion or reference if initiated at the instance of an Advocate General or any Subordinate Court, as the case may be.

If the court has the reasons to belief that the person charged under section 15 would abscond or run away from the legal proceedings, then tit can attach his property of such value or amount in the manner provided in the Code of Civil Procedure, Any person charged with contempt under Section 15 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 evidence as may be necessary, and pass such order as the justice of the case requires.