CONTEMPT OF COURTS ACT,

1971

QUESTIONS AND ANSWERS

Team I
Team Members:

Kiran P S
Krishnapriya M M
Laljin Sreedhar
Lekshmi R Kurup
Madhusoodanan P
Malavika B
Manjula M
Manu Sharma A S
Maria Legy
Mary Crescent
Questions & Answers

Is contempt of court applicable to UT’s?

Yes. According to section 1(2) of The Contempt of Courts Act 1971, the Act extends to
the whole of India.

What are the types of court contempt according to the Act?

Civil contempt and criminal contempt

What is considered as civil contempt?

Civil contempt means the willful disobedience to any judgement, decree, direction,
order, writ or any other process of a court or willful breach of an undertaking given to a
court.

What are the kinds of acts that cause criminal contempt?

Any publication or visible representation through words or signs that may scandalise or
lower the authority of court, or when a publication tends to interfere with the course of
judicial proceedings, or any acts that obstruct with the administration of justice.

Under what grounds a publication can be considered as, not a contempt of court?

When a publication contains matters that interfere with the course of justice with any
civil or criminal proceeding pending at the time of publication but, if the publisher had no
reasonable ground for believing that the proceeding is pending. Also it is not court
contempt, at the time of publication the civil or criminal proceeding is not pending.

If a person is not guilty for distributing any publication under sec.3 (1) of the Act,
then when is he charged otherwise?

He is charged for the offence if the publication is not in conformity with the rules
contained in sec.3 and sec.5 of Press and Registrations of Books Act, 1867.

When is a criminal proceeding said to be pending?

•Commission of offence-
When the charge sheet or challan is filed or when the court issues summons or warrant
•Other cases-
When the court takes cognizance if the matter to which the proceeding relates
What are the circumstances in which a judicial proceeding shall be deemed to
continue to be pending?

•Until it is heard and finally decided

•Until the appeal or revision is heard and finally decided
•Until the period of limitation prescribed for such appeal or revision has expired

Is a fair and accurate report of judicial proceedings a 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 judicial proceeding

Is fair comment on judicial acts contempt of court?

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.

When is civil proceedings said to be pending?

When it is instituted by the filing of a complaint.

What does subordinate court mean?

It means any court subordinate to a high court.

When is a complaint against presiding officers of subordinate court not a

Contempt?

When the statement made is in good faith, the person shall not be guilty of contempt of
court.

What is defined in section 9 of the Contempt of Courts Act?

Section 9 defines that Nothing in this Act shall be construed as implying that any
disobedience, breach, publication or other act is punishable as contempt of court would
not be punishable from this Act.
Does the High Court have power to punish contempt of Subordinate Courts?

Yes, as per Section 10, the High Court shall exercise same Jurisdiction, powers and
authority to punish contempts of courts subordinate to it, provided that no High Court
shall take cognizance of a contempt alleged to have committed in respect of a court
subordinate to it, where such contempt is an offence punishable under IPC.

Is the power of the High Court to try offences of contempt limited to its
jurisdiction?

No, the High Court has no power to inquire and try contempt of itself or of any court
subordinate to it, whether contempt is committed within or outside the limits of
jurisdiction.

What is the punishment for contempt of court?

Contempt of court may be punished with simple imprisonment for a term which may
extend to 6 months or with fine which may extend to 2000 rupees or both, provided that
accused may be discharged or the punishment awarded may be remitted on apology
being made to the satisfaction of the court.

What is the punishment prescribed for contempt of court in the Act?

Simple imprisonment for a term which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.

Can the awarded punishment be remitted?

Punishment awarded may be remitted on apology made bona fide to the satisfaction of
the Court.

When does the court prescribe detention in the civil prison for a period not
exceeding 6 months?

When the person is guilty of civil contempt and the court considers that fine is not
enough to meet justice.

Which persons are prescribed detention in civil prison?

-The person guilty of civil contempt for which the court considers fine is not enough.
-The company guilty of contempt, wherein it has been committed with the consent or
connivance of, or is attributable to any neglect by the director, manager, secretary or
other officers.
-The company guilty of contempt and every person who was in charge of, and was
responsible to, the company for the conduct of business of the company.
When is contempt punishable?

-Punishable only when the court 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.

What happens when a person commits contempt in the face of or the presence or
hearing of the High Court or Supreme Court?

- The court may cause the person to be detained in custody.

- The court shall cause the person to be informed of the charges on him, in writing.
- He shall be given an opportunity to give his defence.
- The court shall proceed to determine the matter of the charge and either order
punishment or discharge of that person.

Can a person charged with contempt in the presence of the High court or
Supreme court be heard by a Judge other than the Judge in whose presence the
contempt is alleged to have been made?

It can be done if the alleged person makes an application before the Chief Justice,
orally or in the form of writing, 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.

How can the person detained in custody pending the determination of the charge
be released?

He can be released either on bail with the execution of a bond with or without sureties,
on the condition that the person shall attend at the time and place mentioned in the
bond or he can be discharged by executing a bond without sureties for his attendance
as aforesaid.

In the cognizance of criminal contempt in other cases, can the High court or
Supreme court take action on its own motion?

Yes or action can be taken on a motion made by the Advocate General or by any other
person, with the consent in writing of the Advocate-General.

Who takes action in the case of a criminal contempt of a subordinate court?

The High court may take action, on a reference made by the subordinate court or by an
Advocate General or by the Law Officer of a Union Territory.
As per Section 15, in the case of criminal contempt other than those coming
under Section 14, what is the procedure to initiate action?

Contempt of SC:- SC can take action on its own motion or a motion made by Attorney
General or Solicitor Genl or a motion moved by any person with the consent of AG/SG.
Contempt of HC:- HC can take action on its own motion or a motion made by Adv Genl
or a motion moved by any person with the consent of AG
Contempt of a Subordinate court:-HC can take action on a reference made by the
subordinate court or on a motion made by AG

Whether a Judge/ Magistrate /Judicial officer can be charged with contempt of

court if he acts in such a manner?

Yes, as per Section 16 of the act a Judicial officer is liable for contempt of any court or
his own court.

What are the exceptions for contempt as per Sec 16?

Observations/ remarks made in an appeal or revision by a higher court about a

subordinate court .

What are the points the Test of contempt tries to find out in order to determine
whether a contempt/insult of a judge/court has taken place?

-Whether the remarks/action has a tendency to pollute the fountain of justice?

-Whether it has the tendency to destroy the confidence of a common man in the
administration of justice.
-Whether the court is scandalised?

What is the Procedure to be followed for criminal contempt under Sec15?

a. Serve notice with copies of motion and concerned affidavits.

b. If the person avoids notice, the court can order attachment of property of reasonable
value.
C. The person can file an affidavit in support of his defence.

How many judges should be there on the bench hearing criminal contempt
under Section 15?

Minimum 2 judges.

What are the requirements for challenging an order of conviction under Section
19 of Contempt of Courts Act?

The only requirement is that the order must have been passed by the High Court in its
jurisdiction to punish for contempt.
What are the limitations available for the actions of 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 committed.

Act not to apply to Nyaya Panchayats or other village courts, is provided in which
section?

Section 21

What are the requirements for challenging an order of conviction under Section
19 of Contempt of Courts Act?
The only requirement is that the order must have been passed by the High Court in its
jurisdiction to punish for contempt.

How many judges are required for a bench to hear the cases of criminal
contempt?

According to Sec. 18 it shall be heard and determined by a bench of not less than two
judges.

What are the powers of appellate court during the pendency of appeal?

The execution of the punishment order shall remain suspended.

If the appellant is under confinement, he may be released on bail.
The appeal may be heard not withstanding that the appellant has not purged his
contempt.

Does any provision of the Contempt of Courts Act, 1971 override other existing
laws relating to contempt?

No, Section 22 of the Act states that this Act shall be in addition to any other existing
laws dealing with contempt of court.
The provisions incorporated in the Act are supplemented to already existing laws of
contempt.

Which section states that the Contempt of Courts Act, 1952(32 of 1952) gets
repealed?

Section 24.

Does the Act apply to Nyaya Panchayats or other village courts?

No, this section lays out that nothing in this Act shall apply to Nyaya Panchayats or
other village courts.
What are the requirements for challenging an order of conviction under Section
19 of Contempt of Courts Act?

The only requirement is that the order must have been passed by the High Court in its
jurisdiction to punish for contempt.

Would a complaint or a statement against a presiding officer of a subordinate

court in the high court or subordinate court lead to contempt charges?

No. Section 6 of the Contempt of Courts Act, 1971 is a valid defence for the given case.
Such a situation will not be contemptuous.

What does the term "subordinate court" mean in Section 6?

Any court subordinate to a High Court.

What are the exceptional cases as per the Section 7 of the Contempt of Courts
Act, 1971; which lead to a contempt ?

(a) where the publication is contrary to the provisions of any enactment for the time
being in force;
(b) where the court, on grounds 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 reasons 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.

How does Section 7, Clause 2 of the act provide protection for the accused and to
what extent?

Section 7 (2) explicitly states that as long as it does not cause prejudice to the
provisions given under 7(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 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.
Is truth a defence against a contempt charge?

For many years, truth was seldom considered a defence against a charge of contempt.
There was an impression that the judiciary tended to hide any misconduct among its
individual members in the name of protecting the image of the institution. The Act was
amended in 2006 to introduce truth as a valid defence, if it was in public interest and
was invoked in a bona fide manner.

What is the statutory basis for contempt of court?

There were pre-Independence laws of contempt in India. Besides the early High Courts,
the courts of some princely states also had such laws. When the Constitution was
adopted, contempt of court was made one of the restrictions on freedom of speech and
expression. Separately, Article 129 of the Constitution conferred on the Supreme Court
the power to punish contempt of itself. Article 215 conferred a corresponding power on
the High Courts. The Contempt of Courts Act, 1971, gives statutory backing to the idea.

How did the concept of contempt come into being?

The concept of contempt of court is several centuries old. In England, it is a common

law principle that seeks to protect the judicial power of the king, initially exercised by
himself, and later by a panel of judges who acted in his name. Violation of the judges’
orders was considered an affront to the king himself. Over time, any kind of
disobedience to judges, or obstruction of the implementation of their directives, or
comments and actions that showed disrespect towards them came to be punishable.
Additional Reading:

Indian View

British view

American view : North Carolina University Law Review

Latest case laws:

IN RE: PRASHANT BHUSHAN AND ANR.

On June 29th 2020, advocate Prashant Bhushan published a tweet about the Chief
Justice of India, accompanied by a picture of CJI Bobde on a motorcycle.
The Court fined Bhushan INR 1. He is required to pay this before September 15th 2020.

The State of Karnataka v. Suresh K Naik & Others

The Supreme Court of India stayed the contempt proceedings against the State of
Karnataka's Officer for non-compliance with the High Court

Bijay Kumar Sinha and Others v. Tripurari Sharan and Others

The Supreme Court prima facie held several top officials of the Bihar government guilty
of its contempt for not complying with its orders on paying pensionary and retiral
benefits to some employees and sought their presence.