Sections 23 and 24 of the Contempt of Courts Act, 1971: Rule-Making Power and Repeal

Sections 23 and 24 are the concluding provisions of the Contempt of Courts Act, 1971. Section 23 authorises the Supreme Court and every High Court to make procedural rules consistent with the Act, while Section 24 repeals the earlier Contempt of Courts Act, 1952.

Current legal position: The Contempt of Courts Act, 1971 remains the central statute governing contempt of court in India. The official India Code text continues to list Sections 23 and 24 as the rule-making and repeal provisions.

Section 23 - Power of Supreme Court and High Courts to Make Rules

Statutory text The Supreme Court or, as the case may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure.

Meaning of Section 23: This is a procedural rule-making provision. It permits the Supreme Court and the High Courts to frame rules governing contempt proceedings before them. The power is expressly limited: a procedural rule cannot be inconsistent with the Contempt of Courts Act, 1971.

In practical terms, Section 23 allows constitutional courts to prescribe procedural requirements for contempt matters while the substantive statutory framework continues to be governed by the Act. The Supreme Court's contempt jurisdiction also has a constitutional foundation in Article 129 of the Constitution of India.

Section 24 - Repeal

Statutory text The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed.

Meaning of Section 24: The provision formally repealed the Contempt of Courts Act, 1952. Accordingly, the 1971 Act replaced the 1952 enactment as the central legislation dealing with contempt of courts.

How Sections 23 and 24 Fit Within the Act

Section 23 deals with the machinery for procedural rule-making, whereas Section 24 is a repeal provision. They should therefore be read with the substantive and procedural provisions elsewhere in the Act, including provisions dealing with punishment, cognizance, procedure after cognizance, appeals and limitation.

Supreme Court Contempt Procedure

The Supreme Court of India explains that its contempt jurisdiction is exercised under Articles 129 and 142 of the Constitution and refers to the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975. The Court also publishes its current Supreme Court Rules and amendments on its official website.

Official Legal Resources

For the authoritative statutory text and current court rules, consult the official sources below. These links are provided as reference resources and are not part of the website's main navigation.

India Code - Contempt of Courts Act, 1971

Supreme Court of India - Jurisdiction and contempt jurisdiction

Supreme Court of India - Supreme Court Rules

This article is intended for general legal information. Court rules and procedural requirements should be checked from the relevant court's current official rules before filing or taking procedural action.