Section 6 of Contempt of Courts Act, 1971: Complaint Against Presiding Officers of Subordinate Courts

Section 6 protects a person from being held guilty of contempt merely for making, in good faith, a statement concerning the presiding officer of a subordinate court to another subordinate court or to the High Court to which that court is subordinate.

What Section 6 provides

Meaning and scope of Section 6

The provision creates a specific statutory protection for a good-faith complaint or statement about the conduct of the presiding officer of a subordinate court when the statement is made to a judicial forum identified by Section 6. The protection is therefore tied both to the requirement of good faith and to the forum to which the statement is made.

1. Statement must concern a presiding officer

The statement must concern the presiding officer of a court subordinate to a High Court. Section 6 itself explains that "subordinate court" means a court subordinate to a High Court.

2. Good faith is essential

The statutory protection expressly applies to a statement made "in good faith." Accordingly, Section 6 should not be read as a general licence for reckless, malicious or unrelated allegations. Whether the statutory protection applies depends on the facts and circumstances of the particular statement and complaint.

3. Complaint must be made to a specified court

Section 6 identifies the permissible recipients as another subordinate court or the High Court to which the court concerned is subordinate. The provision is directed to complaints made through these judicial channels.

Relationship with the definition of contempt

Section 2 of the Contempt of Courts Act, 1971 defines "contempt of court" and distinguishes civil contempt from criminal contempt. Section 6 operates as one of the Act's express protections by providing that a qualifying good-faith statement concerning a subordinate-court presiding officer does not make the person guilty of contempt.

Related protections under the Contempt of Courts Act

The Act also contains specific provisions concerning fair and accurate reports of judicial proceedings under Section 4 and fair criticism of judicial acts under Section 5. These provisions have distinct statutory requirements and should be read according to their own terms.

Official text

For the current official Central Act text, refer to India Code - Contempt of Courts Act, 1971.

This article is a general explanation of Section 6 and is not a substitute for legal advice in a particular case.