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Contempt of Court Act, 1971
Contempt of Court Act, 1971
Act,1971
Facts
The origin of the law of contempt in India can be traced to the
English law .
The first Indian statute on the Law of Contempt, i.e., the
Contempt of Courts Act was passed in 1926.
replaced by the Contempt of Courts Act, 1952
Contempt of Courts Act,1971
It contains 24 sections
The jurisdiction to punish for contempt touches upon two
important fundamental rights of the citizens, namely, the right to
personal liberty and the right to freedom of expression.
Non applicability of Cr.PC and IPC ( Art 129 & 215)
It extends to the whole of India except Jammu & Kashmir
Contempt of court
Contempt of court is a court ruling which, in the
Definitions
contempt of court means civil
Definitions
Defenses
Innocent publication and distribution of matter is
not contempt.
Fair and accurate report of Judicial proceeding is
not contempt.
Fair criticism of judicial act is not contempt
Complaint against presiding officers of
subordinate courts is not contempt
Now Truth is a defence, amended in 2006
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.
(b) Afford him an opportunity to make his defence to the charge;
(c) After taking such evidence as may be necessary or as may
be offered by such person and after hearing him, proceed,
either forthwith or after adjournment, to determine the matter of
the charge; and
(d) Make such order for the punishment or discharge of such
person as may be just.
Appeals
in the case of an appeal to a Bench of the High