Section 12 of Contempt of Courts Act 1971: Punishment for Contempt of Court
Section 12 of the Contempt of Courts Act, 1971 prescribes the statutory punishment for contempt of court. It also deals with discharge or remission on a satisfactory apology, detention in civil prison in specified cases of civil contempt, and responsibility where breach of an undertaking to a court is attributable to a company or its officers.
- The statutory maximum under Section 12(1) is simple imprisonment up to six months, or fine up to Rs. 2,000, or both.
- A court may discharge the accused or remit punishment when an apology is made to its satisfaction.
- A qualified or conditional apology is not to be rejected merely because it is qualified or conditional, if it is bona fide.
- For civil contempt, where a fine is inadequate and imprisonment is necessary, Section 12(3) provides for detention in civil prison for a period not exceeding six months.
- Sub-sections (4) and (5) address contempt involving an undertaking given to a court by a company and the circumstances in which persons responsible for the company may also be liable.
The expression contempt of court is defined in Section 2 to include both civil contempt and criminal contempt. Civil contempt concerns wilful disobedience of specified court orders or processes, or wilful breach of an undertaking given to a court. Criminal contempt is separately defined in Section 2(c).
Text of Section 12 - 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.
Meaning and effect of Section 12
Maximum punishment under Section 12(1)
Section 12(1) sets the statutory punishment at simple imprisonment for a term extending up to six months, a fine extending up to Rs. 2,000, or both. The amount stated here is the amount appearing in the statutory text of the Contempt of Courts Act, 1971.
Apology and remission of punishment
The proviso to Section 12(1) permits discharge of the accused or remission of punishment when an apology is made to the satisfaction of the court. The Explanation makes clear that an apology cannot be rejected merely because it is qualified or conditional when it is made bona fide. Whether an apology is satisfactory depends on the facts and circumstances before the court.
Civil contempt and detention in civil prison
Under Section 2(b), civil contempt includes wilful disobedience to a judgment, decree, direction, order, writ or other process of a court, as well as wilful breach of an undertaking given to a court. Section 12(3) provides that if a fine will not meet the ends of justice and imprisonment is considered necessary for civil contempt, the court shall direct detention in civil prison for a period not exceeding six months.
Company and officer liability
Section 12(4) applies where contempt relates to an undertaking given to a court by a company. It extends deemed liability to persons who were in charge of and responsible to the company for the conduct of its business, subject to the statutory defence of lack of knowledge or exercise of all due diligence. Section 12(5) separately addresses consent, connivance or neglect by a director, manager, secretary or other officer.
Section 13 must also be considered
Section 13 places an important restriction on punishment. A court shall not impose a sentence for contempt unless it is satisfied that the contempt substantially interferes, or tends substantially to interfere, with the due course of justice. Section 13 also permits justification by truth as a defence when the court is satisfied that it is in the public interest and the request to invoke that defence is bona fide.
Related provisions
Readers may also refer to Section 10 - Power of High Court to punish contempt of subordinate courts, Section 11 - Jurisdiction of High Court, Section 13 - Contempts not punishable in certain cases, Section 15 - Cognizance of criminal contempt in other cases, Section 17 - Procedure after cognizance, Section 19 - Appeals, and Section 20 - Limitation for actions for contempt.
This page is an informational presentation of Section 12 and related provisions. For the authoritative statutory text and amendments, refer to the official India Code source.