Section 14 of Contempt of Courts Act 1971: Procedure for Contempt in the Face of the Supreme Court or a High Court

Section 14 of the Contempt of Courts Act, 1971 lays down the special procedure to be followed when contempt is alleged to have been committed in the presence or hearing of the Supreme Court or a High Court. It requires written information of the charge, an opportunity to defend, consideration of evidence and a hearing before punishment or discharge.

Law reference checked against the official India Code text. Readers should also consult the applicable court rules and current judicial decisions for procedural requirements in a particular case.

Meaning of contempt in the face of the court: In the context of Section 14, this refers to contempt alleged to have been committed in the presence or hearing of the Supreme Court or a High Court. The provision creates an immediate but structured procedure while preserving an opportunity for the person charged to know and answer the allegation.

Text of Section 14 - Contempt of Courts Act, 1971

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

(1) When it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the court may cause such person to be detained in custody, and, at any time before the rising of the court, on the same day, or as early as possible thereafter, shall -

(a) cause him to be informed in writing of the contempt with which he is charged;

(b) afford him an opportunity to make his defence to the charge;

(c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and

(d) make such order for the punishment or discharge of such person as may be just.

(2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt under that sub-section applies, whether orally or in writing, to have the charge against him tried by some judge other than the judge or judges in whose presence or hearing the offence is alleged to have been committed, and the court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof.

(3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by a judge other than the judge or judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the judge or judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the Chief Justice under sub-section (2) shall be treated as evidence in the case.

(4) Pending the determination of the charge, the court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify:

Provided that he shall be released on bail, if a bond for such sum of money as the court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the court:

Provided further that the court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.

How Section 14 works

Contempt must be in the court's presence or hearing: Section 14 is directed to contempt alleged to have occurred before the Supreme Court or a High Court itself.
Written charge: The person must be informed in writing of the contempt alleged against him.
Opportunity of defence: The person charged must be given an opportunity to answer the charge.
Evidence and hearing: The court may take necessary evidence or evidence offered by the person and must hear the person before deciding the charge.
Punishment or discharge: After determination, the court may make a just order either punishing or discharging the person.
Request for another judge: The person charged may orally or in writing ask that the matter be tried by a judge other than the judge or judges before whom the alleged contempt occurred. The request is not automatic; the court must consider it practicable and in the interests of proper administration of justice.
Custody and bail: Pending determination, custody may be directed, subject to the bail and bond provisions stated in sub-section (4).

Section 14 and other contempt provisions

Section 14 deals specifically with contempt in the face of the Supreme Court or a High Court. By contrast, Section 15 deals with cognizance of criminal contempt in other cases. Section 17 contains the procedure after cognizance under Section 15, while Section 19 deals with appeals from specified contempt orders.

Constitutional basis and court rules

The Supreme Court is a court of record under Article 129 of the Constitution of India and has power to punish for contempt of itself. High Courts are courts of record under Article 215 and have corresponding constitutional contempt powers. The Contempt of Courts Act, 1971 regulates the statutory framework and procedure. For proceedings before the Supreme Court, the applicable Supreme Court rules and the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 should also be consulted.

Official legal resources

For the authoritative statutory text, see the Contempt of Courts Act, 1971 on India Code. For Supreme Court procedure and current rules, see the Supreme Court Rules and the Supreme Court jurisdiction page.

Legal note: This page provides the statutory text and a general explanation of Section 14. Contempt jurisdiction is exercised in accordance with the Constitution, the Contempt of Courts Act, applicable court rules and binding judicial decisions. Case-specific legal advice may be necessary where proceedings are pending.