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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 3 Innocent publication and distribution of matter not contempt - Contempt of Courts Act 1971

Innocent publication and distribution of matter not contempt- Section 3 of Contempt of Courts Act 1971

 

Innocent publication and distribution of matter not contempt are defined under section 3 of Contempt of Courts Act 1971. Provisions under this Section is :

Section 3 of Contempt of Courts Act 1971 "Innocent publication and distribution of matter not contempt"

(1) A person shall not be guilty of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or obstructs, or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending.

(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court.

(3) A person shall not be guilty of contempt of court on the ground that he has distributed a publication containing any such matter as is mentioned in sub-section (1), if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid :

PROVIDED that this sub-section shall not apply in respect of the distribution of-

(i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the Press and Registration of Books Act, 1867, (25 of 1867);

(ii) any publication which is a newspaper published otherwise than in conformity with the rules contained in section 5 of the said Act.

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, 1898 (5 of 1898)1, 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.

(b) which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending.

 

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