Section 13 of Contempt of Courts Act 1971 - Contempts Not Punishable in Certain Cases
Section 13 of the Contempt of Courts Act, 1971 places important statutory limitations on punishment for contempt of court. It requires substantial interference, or a substantial tendency to interfere, with the due course of justice before a sentence can be imposed. It also permits the court, subject to statutory conditions, to allow justification by truth as a defence.
What is Section 13 of the Contempt of Courts Act, 1971?
Section 13 is titled "Contempts not punishable in certain cases". It operates notwithstanding anything contained in any other law for the time being in force and lays down statutory conditions relevant to punishment and the defence of truth in contempt proceedings.
Text and effect of Section 13
Section 13 - Contempts not punishable in certain cases
Notwithstanding anything contained in any law for the time being in force:
(a) a court cannot impose a sentence for contempt under the Act unless it is satisfied that the contempt substantially interferes, or tends substantially to interfere, with the due course of justice; and
(b) in contempt proceedings, the court may permit justification by truth as a valid defence where it is satisfied that doing so is in the public interest and that the request to invoke the defence is bona fide.
The wording above explains the current statutory requirements of Section 13. For the authoritative legislative text, the official India Code version of the Act should be consulted.
Meaning of substantial interference with the due course of justice
Clause (a) makes substantial interference an important statutory threshold for imposing a sentence under the Contempt of Courts Act. It is not enough merely to identify conduct capable of being described as contempt; before imposing a sentence under the Act, the court must be satisfied that the nature of the contempt satisfies the substantial-interference requirement contained in Section 13(a).
The expression "due course of justice" concerns the proper administration and functioning of the judicial process. Section 13(a) therefore focuses attention on the nature and effect, or substantial tendency, of the alleged contempt upon that process.
Truth as a defence under Section 13(b)
Clause (b) expressly provides for justification by truth as a valid defence in contempt proceedings, but the defence is not automatic. The provision states that the court may permit the defence when two statutory requirements are satisfied:
Public interest: the court must be satisfied that permitting justification by truth is in the public interest.
Bona fide request: the request for invoking the defence must be bona fide, meaning that it must be made genuinely and in good faith.
2006 amendment to Section 13
Section 13 was substituted by Section 2 of the Contempt of Courts (Amendment) Act, 2006. The substituted provision came into force on 17 March 2006. The amendment retained the requirement concerning substantial interference with the due course of justice and expressly introduced justification by truth as a permissible defence subject to the public-interest and bona fide requirements.
Practical importance of Section 13
Section 13 is important because it places statutory safeguards within contempt jurisdiction. Clause (a) requires the court to consider whether the contempt reaches the threshold of substantial interference with the administration of justice before imposing a sentence. Clause (b) enables truth to be considered as a defence when its statutory conditions are met.
Section 13 should be read together with other relevant provisions of the Act, including Section 2 concerning definitions, Section 12 concerning punishment for contempt, Section 14 concerning contempt in the face of the Supreme Court or a High Court, and Section 15 concerning cognizance of criminal contempt in other cases.
Contempt of Courts Act, 1971 - India Code
Legal information updated: September 2026.