THIS PPT IS ABOUT BRIEF NOTES ON INDIAN LAWS ON THE OFFENCE CONTEMPT OF THE COURT ,

1. GOVERNMENT NEW LAW COLLEGE,INDORE
(Accredited by NAAC IN B+ Grade)
(AFFILIATED TO DEVI AHILYA U NIVERSITY)
INDORE,M.P. INDIA-42500
--A PROJECT REPORT ON SUBJECT--
STUDY ON
‘‘LAW OF CONTEMPT OF COURT IN INDIA”
By
Shameem khan
(Student of LL.B Hon’s)

2. INDEX
01. Meaning of the word ‘‘Contempt’’
- Etymology
- according to oxford/cambridge/USA English dictionary
- under the English law
02. History of the contempt of court in world including India
- during the British rule in our country
3. Legal provisions related to contempt of court in India
A . The Constitution of India (Article129,215),141,142,144,267.
constitutional law (hon’ble.Supreme court/high court decision on
fundamental rights &others provisions of The constitution of India
B . Contempt of court Act,1971
- objectives of act
- Types of contempt& distinction between.
1. civil contempt
2. criminal contempt
- Essentials for conviction for contempt of Court
- exception of contempt (sec.3,4,5,6,7,8,9)
- Limitation for Contempt of Court Cases- period for initiating contempt proceedings
- Punishment for Contempt of Courts(sec.10,11,12,13)

3. Index cont…
• Procedure where contempt in the face of Supreme court and high court
(sec14)&sec.10 of IPC,1860
• cognizance of criminal contempt in other case,(sec.15)
• procedure after cognizance(sec.16,17)
• Hearing of cases of criminal contempt of court to be by benches (sec.18)
• Appeals (sec.19)
• Limitation of appeal(sec.20)
• Application in panchayat or village court (sec.21)
• power of Supreme court & high court to make Rules (sec.23)
• Rules to regulate proceedings for contempt of supreme court,1975
4. IMPORTANT CASE LAWS & GUIDELINES
5. THE CRUX
& WAY TO FORWARD……

4. 1. MEANING OF THE WORD ‘’CONTEMPT’’
• ETYMOLOGY -
• THE WORD ‘CONTEMPT(a manner that is generally disrespectful)
• Originated in 1393 from the Latin word ‘CONTEMPTUS’ which means
(SCORN), it is the past participle of contemnere form com-intensive
,prefix + temnere = to slight scorn.
• Contempt shall not classified (PAUL EKMAN)based on
Six basic emotion -
1. Anger 2. Disgust 3. Sadness
4. Fear 5. Happiness 6. Surprise(is a mixture of disgust &anger)

5. MEANING OF THE WORD ‘’CONTEMPT’’ cont……
• Oxford advance Dictionary –
1. Literal meaning - The feeling that a person or a thing worthless or
beneath consideration .
2. LAW - ‘‘ The offence of being disobedient to or disrespectful of the
Court of Law and its officer.’’
• Cambridge Dictionary -
1. Literal means - (no respect) a strong feeling of disliking & hating or
respect for someone or something
2. Law - ‘‘Behavior that is illegal because it does not obey or respect the
Role of the Court.’’

6. MEANING OF THE WORD ‘’CONTEMPT’’ cont……
• USA LAWS ON CONTEMPT OF COURT –
1. Direct / Indirect contempt of court
2. Civil & Criminal contempt of court
Ref.1 As per FEDERAL RULE OF CRIMINAL PROCEDURE ,42 ( § 725) …UNITED STATE CODE …
Ref.2 US state Authority Jurisprudence ,Title 18USC. , u/s (§ 401 – 403)
• General definition of contempt of court -
- ‘Contempt of court is an act or disobedience or disrespect towards the judicial branch of
Government or on interference with its orderly process.’
- It is an offense against a court of justice or a person to whom the judicial functions of the
sovereignty have been delegated.
- Misbehavior of any person in its presence or so near thereto as to obstruct the administration of
justice.
- Disobedience or resistance to its lawful writs, process, order , rule, decree or command.
- Misbehavior of any its officer in their official transactions.
• The Power of federal court to punish -
Its authority is limited by ,Title 18 United State Code u/s(401-403)
Contempt was done in front of the court or judge that person can be punished
1. Immediately or 2 . Punish range (imprisoned for a period less then 5years) OR
3. Until the person compels with order or fine .

7. HISTORY OF LAW OF CONTEMPT OF COURT
• ENGLISH LAWS ON CONTEMPT OF COURT ,ON SEPTEMER1670 – UK
- In ancient times the justice used to be ministered by the King himself. English
authors terrace history of the origin of the Law of Contempt of Courts to kingship &
sovereignty as the judges administering justice derived authority from the king &
sat in the judges administering justice in King’s name.
(JUSTICE IN FEUDAL SYSTEM – Where kings was supreme & peaople are subject,
so subject could not criticized The Master(king’s) he would punished for such
contempt ). JUDICIARY was the sovereign function of the king & Judges was
delegated.
- Lord Denning in his book on ‘‘Landmarks in the Law” has given a vivid description
of Trial of William Penn & William Mead at the Old Bailey on September,1670.
- UK Contempt of court Act,1981 – as per ,
Types - 1. Civil 2. Criminal 3. Strict liability
Punishment – Maximum sentence for act is 2 year or fine or both.

8. --INDIAN LAWS ON CONTEMPT OF COURT--
“ JUSTICE SHOUL NOT ONLY BE DONE BUT
ALSO SEEN TO BE DONE’’
(THIS IS THE GOLDEN RULE THAT MAINTAIN FAITH OF THE PEOPLE IN
JUDICIARY)
1. FAITH IN JUDICIARY
2. CONTROVERSIAL
3. VAGUE DEFINITION + ABSECNCE OF
CODIFINITION
* EXCEPTION – IN ‘DEMOCRACY’(WHERE THE PEOPLE ARE SUPREME ,ALL STATE
AUTHORITIES ARE THEIR SERVANTS )
THE JUDGMENT OF THE COURT MAY BE CRITICIZED ,BUT NO ONE CAN CRITICISED

9. * MEANING& DEFINITION OF CONTEMPT OF COURT AS PER INDIAN LAW
1. CONTEMPT OF COURT - POSITION UNDER INDIAN CONSTITUTION –
• 1.ARTICLE,129 : Supreme Court to be a court of record -
The Supreme Court shall be a court of record and shall have
all the powers of such a court including the power to punish for
contempt of itself.
• 2.ARTICLE ,215: High Courts to be courts of record - Every High Court
shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
• 3. ARTICLE .144 :Civil and judicial authorities to act in aid of the
Supreme Court - All authorities, civil and judicial, in the territory of India
shall act in aid of the Supreme Court.
• 4. ARTICLE.141 Law declared by Supreme Court to be binding on all
courts - The law declared by the Supreme Court shall be binding on all
courts within the territory of India.

10. CONTEMPT OF COURT - POSITION UNDER INDIAN CONSTITUTION …...Cont
Complete Justice Under Article 142 By Dr R. Prakash* Cite as : (2001)
7 SCC (Jour) 14
• ARTICLE 142. Enforcement of decrees and orders of Supreme Court and
unless as to discovery, etc (**important)
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such
decree or make such order as is necessary for doing complete justice in
any cause or matter pending before it, and any decree so passed or orders
so made shall be enforceable throughout the territory of India in such
manner as may be prescribed by or under any law made by Parliament
and, until provision in that behalf is so made, in such manner as the
President may by order prescribe
• (2) Subject to the provisions of any law made in this behalf by Parliament,
the Supreme Court shall, as respects the whole of the territory of India,
have all and every power to make any order for the purpose of securing
the attendance of any person, the discovery or production of any
documents, or the investigation or punishment of any contempt of itself.

11. CONTEMPT OF COURT - POSITION UNDER INDIAN CONSTITUTION …...Cont
Full faith and credit clause in the Indian constitution
• ARTICLE 261.Public acts ,records & judicial proceedings -
(1) Full faith and credit shall be given throughout the territory of India to public acts, records
and judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts, records and proceedings
referred to in clause (1) shall be proved and the effect thereof determined shall be as
provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of
India shall be capable of execution anywhere within that territory according to law.
Case laws ...The rationale behind doctrine of contempt of court is protecting dignity & authority
of the court ,, Maninderjit Singh Bitta vs. Union of India,(AIR2012)1SCC 273
*OBJECTIVES will be ACHIEVED BY THE INDIAN CONSTITUTIN*
1. Dignity of the Court
2. Positive, free criticism
3. Guidelines for the law
4. Reasonable limits on freedom
5. Right to reputation & privacy
6. Wilful non-compliance
7. Reasonable limit on Trial by Media

12. --CONCEPT OF CONTEMPT OF COURT IN INDIA--
After studied the concept of Justice administration , independence judiciary in INDIA AS
PER THE PROVISIONS OF THE INDIAN CONSTITUTION , WE HAVE NEED TO UNDER
STAND THE MEANING OF THE OFFENSE OF CONTEMPT IN INDIA,,,
• OFFENCE OF THE CONTEMPT (basic person’s acts)
* Disobedience & Disrespectful towards the Court if Law
* disrespectful to the legal authority in the court room ‘or’
* Wiling fully failing to obey to the court order ‘or’
* Tempering with holding the evidence or
* Interruption of proceedings & functions of the court .... etc
ALL MAY ATTRACT........
CONTEMPT OF THE THE COURT PROCEEDINGS & IT IS ANY BEHAVIOUR
OF WRONGDOING THAT CONFILICTS OR CHALLENGES THE AUTHORITY , INTERIGITY &
SUPERIORITY OF THE COURTS &
JUDGE IF FOUND THAT YOUR IN THE CONTEMPT IN THE COURT HE OR SHE MAY BE
IMPOSE SANCTION LI KE... FINE OR JAIL .

13. *THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• BACKGROUND
It is generally felt that the existing law relating to contempt of Courts is
somewhat uncertain undefined and unsatisfactory.
• The jurisdiction to punish for contempt touches upon two important fundamental
rights of the citizens namely, 1. the right to personal liberty and 2.the right to
freedom of expression.
• It was, therefore, considered advisable to have the entire law on the subject scrutinized by a special
committee. In pursuance of this, a Committee was set up in 1961 under the Chairmanship of the late Shri
H.N. Sanayal the then Additional Solicitor General.
• The Committee made a comprehensive examination of the law and problems relating to contempt of Court
in the light of the position obtaining in our own country and various foreign countries.
• The recommendations which the Committee made took note of the importance given to freedom of speech
in the Constitution and of the need for safeguarding the status and dignity of Courts and interests of
administration of justice.
• The recommendations of the Committee have been generally accepted by Government after considering the
view expressed on those recommendations by the State Governments, Union Territory Administrations, the
Supreme Court, the High Courts and the Judicial Commissioners.
• This Act repealed the earlier law Act 32 of 1952. H.N.Sanyal Committee submitted its report on 28th
February 1963.

14. WHAT THE PURPOSE OF LAW OF CONTEMPT ?
• CIVIL SOCIETY IS FOUNDED-
in the respect for the law if there is no respect for the law
& if there is no respect for the law & if everyone chooses to break the law
there can not be any civil society .
and it is this respect for the law & law enforcing agency that someone ensure
the freedom recognised in the Indian constitution.
• SEAT OF JUSTICE - The Law of Contempt is for protecting the
seat of Justice, more than for protecting
the Judge, sitting in that seat.
•

15. *THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Objective: To define & limit powers of certain
courts in punishing contempt of
courts & to uphold the majesty and dignity of
law courts and their image in the
minds of the public is no way whittled down .
• Contempt of court – as per Act,1971
1. civil contempt 2.criminal contempt .

16. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Civil contempt " - willful disobedience to any judgment, decree, direction,
order, writ or other process of a court or willful breach of an undertaking given
to a court ; [Sec. 2 (b)]
• Criminal contempt " - publication (whether by words. spoken or
written, or by
signs, or by visible representations, or otherwise) of any matter or the
doing of
any other act whatsoever which-
(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 ; [Sec. 2 (c)]

17. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Essentials for conviction for contempt of Court -
1. Before a person can be convicted, the Court should be satisfied
a) that something bas been published which either is clearly
intended or at least is calculated to prejudice a trial which is
pending;
b) that the offending matter was published with the knowledge of
the pending cause or with the knowledge that the cause was
imminent; and
c) that the matter published tended substantially to interfere with
the due course of justice or was calculated substantially to
create prejudice in the public mind.
2. The offence of contempt of court will always be tried summarily.
3. Civil contempt is also an offence.

18. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Exception Of Contempt (sec.3,4,5,6,7,8,9)
• Sec.3-Innocent publication and distribution of matter not
contempt
• Section,4 -Fair and accurate report of judicial proceeding
not contempt.
• Section,5 - Fair criticism of judicial act no contempt
• section,6 – Complaint against presiding officers of subordinate courts
when not contempt. 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 of any subordinate court to

19. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Section,7 Publication of information relating to proceeding in
chambers or in camera not contempt except in certain cases.
• Section,8 Other defences not affected. 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
• Section,9Act not to imply enlargement of scope of contempt. ?
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 would not be so punishable apart from
this Act

20. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
THE POWER OF THE HIGH COURT
• Sec. 10:Power of the High Court :High Court exercises contempt
jurisdiction, even if the contempt is committed against subordinate
judiciary.
• If the contemptuous act alleged, is also an offence punishable
under IPC,then the High Court will not take cognizance thereof.
CASE LAW
‘’High Court in exercise of its powers under Section 10
cannot interfere with the complaints filed for
disobedience of breach of injunction order temporarily
issued during the pendency of a suit.
Shaik Mohiddin v. Section Officer, Karnataka Electricity Board,
Kaiwara.1994 krt

21. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
THE POWER OF THE HIGH COURT
• Sec.11 :High Courts have powers to try even those
acts committed outside their territorial jurisdiction or
by persons who live outside the jurisdiction of the
said High Courts.
CASE LAW
The direction to place the petition before the Chief Justice
and not on the judicial side is applicable only to contempt
actions intended to be taken by the court sou motu.
Bal Thackrey v. Harish Pimpalkhute (2005)

22. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
PUNISHMENT FOR CONTEMPT OF COURT
• Sec.12,
(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
6,months, or
with fine which may extend to 2000 , 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.
Explanation.-An apology shall not be rejected merely on
the ground that it is qualified or conditional if the accused
makes it bona fide.

23. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Comment on sec.12 –
1. ‘‘ CONTEMNER CARRIES THE KEY OF HIS PRISON IN HIS POCKET’’
(Old English court decision,3L.Rayon no.8 In.re.Nevitt)
Case law ..Judgment held,….
MADRAS HIGH COURT -------
2.WARNING NOT ENUMERATED AS PUNISHMENT UNDER SEC.12OF
the Act,Neverthless, when such warning ma also cause serious
prejudice orb adversely affect the contemner, an order imposing
warning can also questioned by preferring appeal since such
warning is ordered only after holding the appellant guilty of
contempt.
( Shobhana vs. Krishnamoorthy , AIR 2008 Mad 103)

24. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Contempt not punishable in certain cases
(Section 13 -
provides that notwithstanding anything contained in any law
for the time being in force 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.
In order to constitute Criminal Contempt, it is not necessary that there
should be an actual interference with the administration of justice, but it is
sufficient if the publication or act complained of is likely top interfere with
the administration of justice.
CASE LAW
Held that ‘‘Technical contempt’s are to be ignored;
. (Baradakanta Mishra v. The Registrar, Orissa High Court, AIR 1974 SC 710. )

25. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
COGNIZANCE OF CRIMINAL CONTEMPT IN OTHER CASES
• Sec. 14 : The High Court and the
Supreme Court should provide a fair
procedure for adjudication of
contempt of Court cases
• Sec. 15 : cognizance of case of criminal contempt can
only be initiated by
• a ) either the High Court /Supreme Court on its
own motion
• b ) Advocate General
• c ) Attorney General
• d ) Solicitor General
• e ) any person. with the consent in writing from
the Advocate General
• CASE LAW
‘’ The whole object of prescribing procedural mode of taking cognizance is
to safeguard the valuable time of the Court from being wasted by frivolous
contempt petitions’’;
(Bal Thackrey v. Haris Pimpalkhute, (2005) 1 SCC 254E)

26. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Section16. Contempt by judge, magistrate or other person acting
judicially
• Section 16 of Contempt of Court Act, 1971 makes judges, magistrates and other person liable for contempt of
court.
• This section provides that subject to the provision of any law for time being in force a judge, magistrate or other
person acting judicially shall also be held liable for contempt of his own court or any other court in same manner
asanyindividualis liableandprovisionof thisactshallalsobe appliedaccordingly.
• This provision is not applicable to any reward or expression delivered by a judge in a matter which came before
himinappealor revision.
• Foreseespossibilityof contemptbyjudges/Magistratesactingintheirjudicialcapacity.
( THE CURIOUS CASE OF JUSTICE C.S. KARNAN’s , MAY2017)
• JUSTICEC.S.KARNAN'SCONDUCThascertainlybeenindecorousandworthyof attractingthechargeof
contempt.On theotherhand, iftheSupremeCourtorderamountsto removinghimas a judge, it isa violationof
theConstitution. The SupremeCourt (SC) foundJustice Karnan guiltyof contempt of court on 9
may2017 to the highest punishment for contempt underthe law — 6-months imprisonment effective
immediately. He was alsostrippedof hisjudicial duties witha finality

27. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
PROCEDURE AFTER COGNIZANCE --
• Procedure after cognizance. (1) Notice of every proceeding under section 15 shall be served
personally on the person charged, unless the court for reasons to be recorded directs otherwise
.Sec.17 laid down
• (1) Notice of every proceeding under Section 15 shall be served personally on the person
charged, unless the court for reasons to be recorded directs otherwise.
• (2) The notice shall be accompanied-
• (a) In the case of proceedings commenced on a motion, by a copy of the motion as also copies
of the affidavits, if any, on which such motion is founded and,
• (b) In case of proceedings commenced on a reference by a subordinate court, by a copy of the
reference.
• (3) The court may, if it is satisfied that a person charged under Section 15 is likely to abscond or
keep out of the way to avoid service of the notice, order the attachment of his property of such
value or amount as it may deem reasonable.
• (4) Every attachment under sub section (3) shall be effected in the manner provided in the code
of Civil procedure., 1908 (5 of 1908)1, for the attachment of property in execution of a decree for
payment of money
• (5) Any person charged with contempt under Section 15 may file an affidavit in support of this
defence, and the court may determine the matter of the charge either on the affidavits filed or
after taking such further evidence as may be necessary, and pass such order as the justice of the
case re Case Laws Held –
The period of one year has to be reckoned from the date on which a notice under this section has
been issued; (K.K.R. Nair v. Mohan Das, 1990 Cr LJ 1641 (AP).

28. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• PROCEDURE TO DECIDE CONTEMPT OF COURT SECTION,18 -
• Hearing of cases of criminal contempt to be by Benches.
(1) Every case of criminal contempt under section 15 shall be heard and determined by
a Bench of not less than two Judges.
(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner.
CASE LAW -
Dr. Subramanian Swamy v/s Arun Shourie AIR 2014,SC
Held that the petition is not maintainable since consent of the attorney general for
india or the solicitor general for india was not obtained as required by section 15 of
the contempt of courts act, 1971. a question arises as to whether in the absence of the
consent of the attorney general or the solicitor general sue moto proceedings can be
initiated. the attorney general of India in the matter. we consider that paragraphs 2
and 3 of the editorial tend to fall within the definition of
criminal contempt in section2(c) of the contempt of courts act, 1971. we, therefore,
direct that notice returnable on 8th october, 1990 be issued to the alleged contemnors
calling upon them to show cause why proceedings ..... ]. and the other[2]. sue motu
arise from the editorial published in indian express as quoted above. in
the contempt petition filed by dr. subramanian swamy on 23.08.199 under section 15
of the contempt of courts act, 1971 (hereinafter referred to as, 1971 act ) against the
then editor of Indian express, Mr. arun shourie, it is contended that the editorial is a
..... 18. the three expressions, court in clause (i), judicial proceeding in clause (ii) and
administration of justice in clause (iii) of section 2(c) are really important, to answer
the first question. sections 12 and 15 of 1971act are the other two sections which have
some bearing. section 12 prescribes punishment for contempt of court. section 15
deals with cognizance of criminal contempt by the supreme court or the
high court .....

29. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Defences allowed in Contempt proceeding
• Clause (b) of Section 13 of Contempt of Court Act, 1971
that was introduced recently by 2006 amendment,
allows the accused to raise the defence of justification
by truth of such contempt, if the court is satisfied that it
is in public interest and the request for invoking the said
defence is bona fide.
• However, 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.

30. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• PROCEDURE FOR APPEALS – as per Sec.19 ,
• (1) An appeal shall lie as of right from any order or decision of High Court in the
exercise of its jurisdiction to punish for contempt-
(a) where the order or decision is that of a single
Judge, to a Bench of not less than two Judges
of the Court ;
(b) where the order or decision is that of a Bench,
to the Supreme Court
• (2)Pending any appeal, the appellate Court may order
• (3)Where any person aggrieved by any order against which an appeal may be
filed satisfies the High Court that he intends to prefer an appeal.
• LIMITATION FOR APPEAL –
Sec.19(4) - An appeal under sub-section (1) shall be filed-
(a) in the case of an appeal to a Bench of the High Court, within thirty days ;
(b) in the case of an appeal to the Supreme Court, within sixty (60) days, from the
date of the order appealed against.

31. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Limitation for Contempt of Court Cases –
Sec.20 - Limitation for actions for contempt.—
The Limitation period for actions of contempt is a period of one
1 year from the date on which the contempt is alleged to have
been committed .
• Case – Act of Court shall Prejudice No Man
Petitioner filed the application giving correct address of thee respodent to bring
to the notice of the court regarding the alleged contempt in time but the court
delayed in posting the case . The petioner cannot suffer for no fault of him. An act
of court shall prejudice no man contempt petition cant be closed as barred by
limitation .
(P.Damodaram vs. Cherkalam Abdullah, AIR 2007,Ker153)

32. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Application of Act
In Village or
Gramin court of
Justice.
• SEC.21 ACT NOT APPLY TO NYAYA PANCHAYAT OR OTHER VILLAGE COURTS-
Nothing contained in this Act shall apply in relation to contempt of
Nyaya Panchayats or other village courts, by whatever name known, for
the administration of justice, established under any law.

33. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• OF ACT 1971, RELATION WITH OTHER LAW IN
FORCE – Asper Sec.22
laid down
Act to be in addition to, and not in derogation of, other
laws relating to contempt.
—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.
—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."

34. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• POWER OF SUPREME COURT & HIGH COURT TO MAKE RULES –
SEC.23
Power of Supreme Court and High Courts to make rules.—The
Supreme Court or, as the case may be, any High Court, may make rules, not
inconsistent with the provisions of this Act, providing for any matter
relating to its procedure
High Court of A.P. Vs. Spl. Deputy Collector (La), A.P. and ors.
• Court : Supreme Court of India
• Reported in : 2007(2)AWC1865(SC);
held..... whose orders have been violated but before judges who are
having provision to dispose of the matter runs counter to the rules
of the contempt of court rules, 1980 (in short the 'contempt rules')
framed by the high court under section 23 of
the contemptof courts act, 1971 (in short the 'contempt act') read
with articles 215 and 227 of the constitution of india, 1950 (in short
the 'constitution') and ..... section 129 of the code of civil procedure,
1908. hence it was directed that registry to post contempt case filed
either by the aggrieved person or initiated by ..... the court in
exercise of suo motu powers before Judge or Judges in respect of
whose judgment the contempt is alleged or the Judge or Judges who
initiated the contempt proceedings as contemplated under Rules 12
and 15 of the Contempt Rules.

35. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
CONTEMPT BY LAWYERS
The legal profession is a solemn and serious occupation. It is a noble calling and
all those who belong to are its honorable members. Although the entry to the
profession can be had acquiring merely the qualification of technical
competence, the honor as a professional has to be maintained by its members,
by their exemplary conduct both in and outside the court.
On account of nature of duty to be discharged by the lawyers and the judges they
may
get into heated by law which may result in contempt of court.
There are several instances of the misconduct such as
- Using insulting language against the judge,
- Suppressing the facts to obtain favorable order,
- Imputation of partiality and unfairness against the judge.
A council who advices his client to disobey the order of court is also held liable for contempt of
court. Attacking the judiciary in the bar council election is taken as contempt of court. If the
council refuses to answer the question of the court is also liable for contempt of court.
IN.RE. AJAYKUMAR PANDEY CASE
the Supreme Court held that advocate using intemperate language against
various judicial officers and attributing motives to them while discharging there
judicial function would be held guilty of contempt of court. In this case such
advocate was sentenced or punished to 4 months simple imprisonment
and fine of rupees 1000/.

36. THE CONTEMPT OF THE COURT ACT ,1971(70 OF 1971)
• Case laws
Contempt by judges, magistrates or other person acting judicially –

37. CONTEMPT IN FACE OF SUBORDINATE COURT
Provisions of section 14 apply only to the contempt
in face of Supreme Court and high court. They do
not apply to the subordinate court. In case of
subordinate court it can take immediate action
under section 228, 345 and 346 of Indian penal
code and criminal procedure code. Section 345 of
criminal procedure code lays down the
procedure or investigation and punishment for the
offences specified in section 175,
178, 179, 180 or 228 of Indian penal code.