COURT TO BE A COURT OF RECORD

Article 129 and 215 of Indian Constitution for SC and HC

It means a court where judicial proceedings are enrolled for a perpetual memorial
and testimony &

It has power to fine and imprison for contempt of its authority…

Halsbury's Law of England -The proceedings of a court of record preserved in its

archives are called records…
The expression ‘contempt’ used in Article 129 is not restrictive instead it is extensive
in nature.("including the power to punish…..)

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
Contempt of Courts Act, 1926.
The Act resolved the doubt by recognizing to the power of High Courts in regard to
contempt of subordinate courts….

Contempt of Courts Act, 1952

Act again reiterated and reaffirmed the power, authority and jurisdiction of the High
Court in respect of contempt of courts subordinate to it…

The contempt jurisdiction under Article 129 of the Constitution is independent of the
statutory law of contempt enacted by the Parliament.
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
The jurisdiction to take cognizance of the contempt as well as to award punishment
for it being constitutional, it cannot be controlled by any statute…
Neither, the Contempt of Courts Act, 1971 nor any other law can be pressed into
service to restrict the said jurisdiction…

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
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…

ACT not applicable to contempt of Nyaya Panchayats or other village courts…

Limitation-one year from the date on which the contempt is alleged to have been
committed…

Every case of criminal contempt shall be heard and determined by a Bench of not
less than two Judges.

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
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 …

Innocent publication and distribution of matter not contempt…..

Fair and accurate report of judicial proceeding not contempt…..

Fair criticism of judicial act no contempt…

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
High Court can take action for contempt of subordinate court for defamation of the
Judge though the aggrieved officer may have remedies such as Sec. 499 IPC…

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…

Punishment: simple imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees, or with both…….

Apology being made to the satisfaction of the court(Generally this is done)

MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
Contempt is not punishable unless 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….
Civil contempt .. wilful disobedience to any judgment, decree, direction, order, writ
or other process of a court or wilful breach of an undertaking given to a court…

Criminal contempt .. 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:

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
(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.

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD
DELHI JUDICIAL SERVICE ASSOCIATION Vs. STATE OF GUJARAT [AIR 1991 SC..
Judicial Officer not to visit Police Station—Except in connection with official and judicial
duties and with prior intimation to District and Sessions Judge.

Dr.D.C. SAXENA Vs. HON'BLE THE CHIEF JUSTICE OF INDIA [1996 SCC (7) 216]
Allegations made in respect of the CJI in performance of his judicial function intended to
lower the authority of and respect for the Court and office of the Judge..
Petitioner committed contempt of Court- Sentenced to simple imprisonment for three months.

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 COURT TO BE A COURT OF RECORD

Take care not to commit contempt of

court of any kind
THANK YOU

MISSION VISION CORE VALUES

CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence