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CONTEMPT OF COURTS ACT 1971

Section 2 Definitions

Section 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 not contempt

 

 

Section 6 Complaint against presiding officers of subordinate courts when not contempt

Section 7 Publication of information relating to proceeding in chambers or in camera not contempt except in certain cases

Section 8 Other defenses not affected

Section 9 Act not to imply enlargement of scope of contempt

Section 10 Power of High Court to punish contempt of subordinate courts

Section 11 Power of High Court to try offences committed or offenders found outside jurisdiction

Section 12 Punishment for contempt of court

Section 13 Contempt not punishable in certain cases

Section 14 Procedure where contempt is in the face of the Supreme Court or a High Court

Section 15 Cognizance of criminal contempt in other cases

Section 12 Punishment for contempt of court - Contempt of Courts Act 1971

Punishment for contempt of court - Section 12 of Contempt of Courts Act 1971

Punishment for contempt of court is defined under section 12 of Contempt of Courts Act 1971. Provisions under this Section is :

Section 12 of Contempt of Courts Act 1971 "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.

Explanation : An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.

(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any Contempt either in respect of itself or of a court subordinate to it.

(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court , if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.

(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person:

PROVIDED that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.

(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer.

Explanation: For the purpose of sub-sections (4) and (5)-

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

 

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