Contempt of Courts Act, 1971 : Elementary Aspects

 Contempt of Courts Act, 1971

S.2 (c) defines criminal contempt. Not only publication, doing certain acts can also be criminal contempt. 

S. 2 (b) defines civil contempt. "Wilful disobedience" or "wilful breach of an undertaking". 

S. 3 (1) : no reasonable grounds for believing.

S. 3 (2) : effect when something is not pending

S. 3 (3) : no reasonable grounds for believing.

S. 4 : Effect of fair and accurate report of judicial proceedings.

S. 5 : Fair comment on merits of the case which has been finally decided.

S. 6 : statement made in good faith regarding presiding officer of a subordinate court.

S.7 (1) : when fair and accurate reporting of a proceeding in camera can be contempt of court.

S. 8 : availability of other defences.

S. 9 : effect of other disobedience when it is not made punishable under CoC Act, 1971. 

S. 10 : Power of HC to punish for contempt of subordinate courts. 

S.11 : Power of HC to inquire and try even offences occurred outside its jurisdiction. 

S. 12 (1) : Punishment can go upto 6 months. But proviso says punishment can be remitted on apology.

S. 12 (3) : effect of civil contempt ; civil prison is an option. 

S. 12 (4) : contempt in respect of undertaking to a court by a Company.

S. 12 (5) : contempt by company : consent/connivance/ neglect will determine guilt. 

S. 13 (a) : when sentence is not to be imposed. 

S. 13 (b) : truth as valid defence, if it is in public interest. 

S. 14 (1) : Contempt committed in Court's presence or hearing, then detained and on same day or as early as possible thereafter, will pass order of punishment or discharge.

S. 14 (2) : procedure if person wants another Judge to try contempt, then matter to be placed before CJ. 

S. 14 (3) : judge need not appear as witness.

S. 15 (1) : deals with criminal contempt.  HC on its own motion or on motion made by AG / any other person with consent of AG.

S. 15 (2) : deals with criminal contempt of subordinate court. 

S. 16 (1) : a judge, magistrate or anyone acting judicially can also be liable for contempt of his court or any other court. 

S. 17 (1) : notice shall be served personally. 

S. 17 (2) : what documents to be annexed with notice.

S. 17 (3) : power to order attachment.

S. 18 (1) : every case of criminal contempt be heard by. not less than 2 Judges. 

S. 19 (1) : Appeal against order of Single Judge will go to DB.

S. 19 (1)(b) : appeal against Order of DB will go to Supreme Court.

S. 19 (4) : time limit to file appeal to HC is 30 days ; time limit to file appeal to SC is 60 days. 

S. 20 : After expiry of 1 year, no contempt action to be taken. 

S. 23 : HC/SC can make rules for any matter relating to its procedure which are not at variance with CoC Act, 1971. 

It was held in H. Munireddy v. Advocate General [2019] GCtR 6087 (Karnataka) that rejection of petition by AG was not correct. "The whole object of Section 15 of the CoC Act, 1971 which prescribes mode of taking cognizance so as to safeguard the valuable time of the Court being wasted by frivolous proceedings by the parties. Section 15 of the Act enables the High Court or the Supreme Court to take action under that Section on its own motion or on a motion made by the learned Advocate General. The consent in writing of the Advocate General is requisite only for a person moving for contempt. But there is no such restriction or requirement when the Court wants to initiate action on its own motion under Section 15 of the Act."

It was held in Chhitij Kishore Sharma v. Justice Lok Pal Singh [2018] GCtR 6088 (Uttarakhand) that "if any other person (i.e. any other person except the Advocate General of the State), moves a petition under Section 15 of the Contempt of Courts Act, 1971 or under Article 215 of the Constitution of India, alleging a case of criminal contempt against any person, and if such a petition is not accompanied by the consent of the Advocate General then the Registry shall not list the case as a criminal contempt petition, as at this stage the petition is only in the nature of an “information”. Such matters shall always be captioned as “in Re…….(the name of the alleged contemnor)”, and be placed before the Hon’ble Chief Justice in chamber. The Chief Justice may either himself or in consultation with other Judges of the Court may take further steps in the case as deem to be necessary."