Section 10 of the Contempt of Courts Act, 1971: High Court Power to Punish Contempt of Subordinate Courts
Section 10 gives every High Court jurisdiction, powers and authority over contempt of courts subordinate to it, broadly corresponding to the High Court's power in respect of contempt of itself. The section also contains an important statutory proviso.
Contempt of Courts Act, 1971
Section 10 - Power of High Court to punish contempts of subordinate courts
Text of Section 10
10. Power of High Court to punish contempts of subordinate courts.
Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt of courts subordinate to it as it has and exercises in respect of contempt of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
The statutory wording above retains the reference to the Indian Penal Code in the currently published central Act text. The Indian Penal Code, 1860 was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the repeal and savings framework applicable to earlier acts and proceedings.
Meaning and scope of Section 10
The provision extends the High Court's contempt jurisdiction to subordinate courts. In practical terms, contempt affecting the authority or administration of justice of a subordinate court may be dealt with by the High Court under the Contempt of Courts Act, subject to the Act's definitions, procedural requirements, safeguards and limitation provisions.
What is a subordinate court?
Section 10 does not itself define every court that is subordinate to a High Court. Whether a particular judicial body is subordinate depends on its legal status, the constitutional and statutory framework governing it, and the nature of the jurisdiction being exercised. The expression should therefore be applied with reference to the governing law and relevant judicial decisions.
Important proviso to Section 10
The proviso limits cognizance under Section 10 where the alleged contempt in respect of a subordinate court is also an offence punishable under the penal law identified in the statutory text. Because criminal law in India changed from 1 July 2024 with the commencement of the Bharatiya Nyaya Sanhita, 2023, the applicable penal provision, repeal and savings rules, and date of the alleged conduct should be checked in any current matter.
Related provisions of the Contempt of Courts Act
Section 2 defines civil contempt and criminal contempt. Sections 12 and 13 address punishment and when contempt is not punishable in certain cases. Section 15 deals with cognizance of criminal contempt in cases other than contempt in the face of the Supreme Court or a High Court. Section 17 prescribes procedure after cognizance, Section 19 deals with appeals, and Section 20 provides the statutory limitation for initiating contempt proceedings.
Official legal resources
For the current central text, amendments and statutory materials, refer to India Code. The official text of the Contempt of Courts Act, 1971 and the Bharatiya Nyaya Sanhita, 2023 should be checked when applying the provision to a specific case.