Section 15 of the Contempt of Courts Act, 1971: Cognizance of Criminal Contempt in Other Cases
Section 15 lays down the statutory routes by which the Supreme Court or a High Court may take cognizance of criminal contempt other than contempt committed in the face of the Supreme Court or a High Court under Section 14.
What Section 15 provides
For criminal contempt other than a matter falling under Section 14, Section 15(1) permits the Supreme Court or High Court to act on its own motion, on a motion by the Advocate-General, or on a motion by another person who has obtained the Advocate-General's written consent. The provision contains a specific arrangement for the High Court for the Union territory of Delhi through a Law Officer specified by the Central Government.
For criminal contempt of a subordinate court, Section 15(2) authorises the High Court to act on a reference made by that subordinate court or on the motion of the Advocate-General, with the statutory Union territory provision also applying. Section 15(3) requires every motion or reference to specify the contempt alleged.
Text of Section 15
15. Cognizance of criminal contempt in other cases.
(1) In the case of a criminal contempt, other than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by:
(a) the Advocate-General; or
(b) any other person, with the consent in writing of the Advocate-General; or
(c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf, or any other person, with the consent in writing of such Law Officer.
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
(3) Every motion or reference made under this section shall specify the contempt of which the person charged is alleged to be guilty.
Explanation. In this section, "Advocate-General" means:
(a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the State or any of the States for which the High Court has been established;
(c) in relation to the court of a Judicial Commissioner, such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
Written consent and suo motu action
The written-consent requirement applies when a private person seeks to move the court for criminal contempt under Section 15(1)(b). It is distinct from the court's power to act on its own motion. The statutory scheme therefore separates a private motion requiring consent from suo motu cognizance by the court.
Criminal contempt of a subordinate court
Section 15(2) deals specifically with alleged criminal contempt of a subordinate court. The High Court may act on a reference from the subordinate court or on the motion specified by the provision. A motion or reference must identify the particular contempt alleged, as required by Section 15(3).
Procedure after cognizance
Section 17 governs procedure after cognizance under Section 15, including service of notice and the material that must accompany it. Section 18 provides for the hearing of criminal contempt cases by a Bench of not less than two judges, subject to the statutory text.
Official legal resources
For the current statutory text and court rules, consult the official India Code version of the Contempt of Courts Act, 1971 and the Supreme Court of India resources. The Supreme Court also explains its constitutional contempt jurisdiction under Articles 129 and 142.
This page is a general legal-information resource. Court rules and case-specific procedural requirements should be checked before filing or acting on a contempt matter.