Contempt of Courts Act 1971 > Section 7

Section 7 of Contempt of Courts Act 1971: Publication of Proceedings in Chambers or In Camera

Section 7 of the Contempt of Courts Act, 1971 protects the publication of a fair and accurate report of a judicial proceeding held in chambers or in camera, subject to specific statutory exceptions. It also protects publication of the text, or a fair and accurate summary, of an order made in such proceedings unless publication has been expressly prohibited on one of the grounds stated in the section.

Meaning in simple terms: A proceeding held "in camera" is heard privately rather than in open court. Section 7 does not create an unrestricted right to publish private court proceedings. The protection applies only while the publication remains within the conditions of the section and is not covered by an express statutory or judicial restriction.

What Section 7 provides

The section begins with a non-obstante clause - "Notwithstanding anything contained in this Act" - and provides a protection from contempt liability for a fair and accurate report of a judicial proceeding before a court sitting in chambers or in camera. The protection is, however, subject to the exceptions expressly stated in Section 7(1).

Section 7(1): When publication may lose protection

A fair and accurate report of an in-chambers or in-camera judicial proceeding is ordinarily protected under Section 7(1), except where:

  1. publication is contrary to an enactment for the time being in force;
  2. the court, on grounds of public policy or in exercise of a power vested in it, expressly prohibits publication of all information relating to the proceeding or the particular description of information published;
  3. the court sits in chambers or in camera for reasons connected with public order or the security of the State, and information relating to those proceedings is published; or
  4. the information concerns a secret process, discovery or invention that is in issue in the proceeding.

Section 7(2): Publication of an order or its summary

Section 7(2) separately protects publication of the text, or a fair and accurate summary, of the whole or any part of an order made by a court sitting in chambers or in camera. That protection does not apply where the court has expressly prohibited publication on grounds of public policy, public order, security of the State, information concerning a secret process, discovery or invention, or in exercise of another power vested in the court.

Text of Section 7

7. Publication of information relating to proceedings in chambers or in camera not contempt except in certain cases.

(1) Notwithstanding anything contained in this Act, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say -

(a) where the publication is contrary to the provisions of any enactment for the time being in force;

(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published;

(c) where the court sits in chambers or in camera for reasons connected with public order or the security of the State, the publication of information relating to those proceedings;

(d) where the information relates to a secret process, discovery or invention which is an issue in proceedings.

(2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.

Relationship with Section 4

Section 4 of the Contempt of Courts Act, 1971 protects a fair and accurate report of a judicial proceeding or any stage of it, but expressly makes that protection subject to Section 7. Section 7 therefore contains the specific rules applicable where proceedings are held in chambers or in camera.

Practical effect of Section 7

The provision balances fair reporting of judicial proceedings with legally protected interests such as public policy, public order, State security, confidentiality required by another enactment, and protection of secret processes, discoveries or inventions. Before publishing material from a proceeding conducted privately, the publisher should therefore check the applicable enactment and any express publication restriction made by the court.

Official legal source

For the authoritative statutory text and amendments, refer to the Government of India's India Code version of the Contempt of Courts Act, 1971.

Official India Code - Contempt of Courts Act, 1971

Legal information: This page explains the statutory provision for general reference. The effect of a publication restriction can depend on the governing enactment, the court's order and the facts of the proceeding.