Section 18 of Contempt of Courts Act 1971: Hearing of Criminal Contempt by Benches

Section 18 of the Contempt of Courts Act, 1971 prescribes the minimum Bench strength for hearing and deciding a case of criminal contempt taken up under Section 15. It is a procedural safeguard governing the constitution of the Bench that determines such criminal contempt proceedings.

What does Section 18 provide?

Section 18 is titled "Hearing of cases of criminal contempt to be by Benches." Its principal rule is that a criminal contempt case under Section 15 must be heard and determined by a Bench consisting of at least two judges.

The statutory text should be read together with the other provisions of the Act dealing with the meaning of criminal contempt, cognizance and the procedure followed after cognizance.

Meaning and scope of Section 18

The expression criminal contempt is defined in Section 2(c) of the Act. Broadly, it covers specified publications or acts that scandalise or tend to scandalise a court, prejudice or interfere with judicial proceedings, or interfere with or obstruct the administration of justice in another manner.

Section 18 does not itself create a separate category of contempt or prescribe punishment. Instead, it determines how a criminal contempt case falling under Section 15 is to be heard and decided. The words "not less than two judges" establish the statutory minimum Bench strength for such proceedings.

Connection between Sections 15, 17 and 18

Section 15 deals with cognizance of criminal contempt in cases other than contempt in the face of the Supreme Court or a High Court. Section 17 lays down procedure after cognizance, including service of notice. Section 18 then requires the criminal contempt case under Section 15 to be heard and determined by the prescribed Bench.

Exception for Court of a Judicial Commissioner

Section 18(2) expressly states that the two-judge requirement in Section 18(1) does not apply to the Court of a Judicial Commissioner. This exception is part of the statutory text and should not be omitted when describing the scope of Section 18.

Key points under Section 18

• It applies to every case of criminal contempt under Section 15.
• The case must be heard and determined by a Bench of not less than two judges.
• The provision regulates Bench strength rather than defining contempt or prescribing punishment.
• The two-judge requirement does not apply to the Court of a Judicial Commissioner.
• For procedure and context, Section 18 should be read with Sections 2, 15 and 17 of the Act.

Official statutory source

The current central Act may be checked in the official India Code text of the Contempt of Courts Act, 1971.