Contempt of courts act 1971 pdf

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Download now. Contempt of Court Act, Original Title: Contempt of Court Act, Related titles. Carousel Previous Carousel Next. CA - Berg - gov. Jump to Page. Search inside document. Punishment for contempt of court 1 Save as otherwise expressly provided in this Act or in any other law, 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: Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

Contempt Procedure 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.

Appeals in the case of an appeal to a Bench of the High Court, within thirty days; in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against. 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.

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Criminal liability of corporations is not a universal feature of modern legal systems. Anonymous d6WYxHl. An act to define and limit the powers of certain courts in punishing contempts of courts.

The Proviso omitted by Act 34 of , s. While dignity of the court is to be maintained at all costs, the contempt jurisdiction, which is of a special nature, should be sparingly used; Shakuntala Sahadevram Tewari v. Hemchand M. Singhania, Explanation- For the purposes of this section, a judicial proceeding- a is said to be pending, A in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise, B in the case of a criminal proceeding under the Code of Criminal Procedure or any other law- i where it relates to the commission of an offence, when the charge-sheet or challan is filed, or when the court issues summons or warrant, as the case may be, against the accused, and ii in any other case, when the court takes cognizance of the matter to which the proceeding relates, and in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired;.

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 a judicial proceeding or any state thereof. The media reports must represent a fair and accurate report of a judicial proceeding and not be a one-sided picture; Subhash Chand v. Aggarwal, 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.

COMMENTS Judgments are open to criticism that must be done without casting aspersions on the judges and the courts and without adverse comments amounting to scandalising the courts; Advocate General v. Abraham George, A person shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer or any subordinate court to- a Any other subordinate court, or b The High court to which it is subordinate.

Nothing contained in this Act shall be construed as Implying that any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act.

Nothing contained in this Act shall be construed as implying that any disobedience, breach, publication or other act is punishable as contempt of court which not be so punishable apart from this Act. Sarkar, Member, Board of Revenue, U. Lucknow v. Vinay Chandra Mishra, A 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 of its jurisdiction , and whether the person alleged to be guilty of contempt is within or outside such limits.

Explanation- An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. It cannot test correctness or otherwise of the order or give additional direction or delete any direction.

That would be exercising review jurisdiction with an application for initiation of contempt proceedings. The same would be impermissible and indefensible; Prithavi Nath Ram v. State of Jharkhand, AIR As regards the standard of proof, be it noted that a proceeding under the extraordinary jurisdiction of the court in terms of the provisions of the Contempt of Courts Act is quasi judicial, and as such, the standard of proof required is that of a criminal proceeding and the breach shall have to be established beyond reasonable doubt; Mrityunjoy Das v.

Union of India, AIR Shetty, AIR Bamabas v. Bharani, Notwithstanding anything contained in any law for the time being in force,- a 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 i Section 13 postulates no punishment for contemptuous conduct in certain cases and the language used therein seems to be with utmost care and caution when it records that unless the court is satisfied that the contempt is of such a nature that the act complained of substantially interferes with the due course of justice, question of any punishment would not arise.

Satyabrata Chakraborty, AIR Municipal Corporation of Greater Bombay, Ashoke Chatterjee, Haris Pimpalkhute, Xavier, Patra, State of Kerala, Ali Ahmed, Choudhary v. Singh, Nair v. Mohan Das, Parashar v. Farooq Abdullah, Jaisimha v. Prabhakar, Karandikar v. Joshy,