Section 17 of the Contempt of Courts Act, 1971: Procedure After Cognizance
Section 17 of the Contempt of Courts Act, 1971 prescribes the procedure to be followed after cognizance of criminal contempt is taken under Section 15. It deals with service of notice, documents that must accompany the notice, attachment of property in specified circumstances, and the opportunity of the person charged to file an affidavit and lead further evidence.
Meaning and scope of Section 17
The expression "procedure after cognizance" refers to the procedural safeguards and steps that follow once the Supreme Court or a High Court has taken cognizance of criminal contempt in a case governed by Section 15. Section 17 is therefore closely connected with Section 15 and should ordinarily be read with the applicable court rules.
Section 17 - Procedure after cognizance
(1) Notice of every proceeding under section 15 shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise.
(2) The notice shall be accompanied -
(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded; and
(b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the reference.
(3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable.
(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of money, and if, after such attachment, the person charged appears and shows to the satisfaction of the Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.
(5) Any person charged with contempt under section 15 may file an affidavit in support of his defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking such further evidence as may be necessary, and pass such order as the justice of the case requires.
Key procedural requirements under Section 17
- Personal service is the rule: notice is ordinarily required to be personally served on the person charged. A different mode requires reasons to be recorded by the Court.
- Supporting material must accompany notice: where proceedings begin on a motion, the motion and supporting affidavits, if any, must accompany the notice. Where proceedings begin on a subordinate court reference, a copy of the reference must accompany it.
- Attachment is conditional: property may be attached only where the Court is satisfied that the person charged is likely to abscond or evade service.
- CPC procedure governs attachment: attachment under Section 17(3) is carried out in the manner prescribed for attachment of property in execution of a money decree under the Code of Civil Procedure, 1908.
- Right to place a defence on affidavit: the person charged may file an affidavit in support of the defence, and the Court may decide on affidavits or take further evidence where necessary.
Relationship between Sections 15 and 17
Section 15 governs cognizance of criminal contempt in cases other than contempt in the face of the Supreme Court or a High Court. Section 17 then provides the post-cognizance procedure for proceedings under Section 15. By contrast, Section 14 contains a separate procedure for contempt committed in the face of the Supreme Court or a High Court.
Attachment of property under Section 17(3) and 17(4)
Attachment is not automatic. The Court must first be satisfied that the person charged is likely to abscond or keep out of the way in order to avoid service. The value or amount of property attached must be such as the Court considers reasonable. If the person later appears and satisfies the Court that there was no such evasion, the Court is required to release the property, subject to such terms regarding costs or otherwise as it considers fit.
Defence by affidavit and further evidence
Section 17(5) expressly permits the person charged to file an affidavit in support of the defence. The Court may determine the contempt charge on the affidavits or, where necessary, take further evidence. This provision ensures that the person charged has an opportunity to place the defence and relevant material before the Court before the charge is determined.
Supreme Court observation on the nature of contempt proceedings
Amrit Nahata v. Union of India, (1985) 3 SCC 382; AIR 1986 SC 791: the Supreme Court explained that once an alleged act of contempt is brought to the Court's notice, it is for the Court to decide whether contempt has been committed, whether action should be taken, or whether proceedings should later be dropped. The Court also emphasized that contempt jurisdiction must be exercised with great caution. The matter is primarily between the Court and the alleged contemnor.
Official legal resources
For the authoritative statute, see the Contempt of Courts Act, 1971 on India Code. For procedure in the Supreme Court, consult the Supreme Court Rules and the Supreme Court's official information on contempt jurisdiction.
Note: This page is a general legal information resource. Procedural requirements can also depend on the rules and directions of the court concerned and the facts of the particular proceeding.