Section 9 of Contempt of Courts Act 1971 - Act Not to Imply Enlargement of Scope of Contempt

Section 9 of the Contempt of Courts Act, 1971 is an important limiting provision. It clarifies that the Act does not itself enlarge the scope of contempt of court by making an act punishable as contempt when that act would not otherwise have been punishable as contempt.

Meaning of Section 9 of the Contempt of Courts Act

Section 9 is a restrictive or clarificatory provision. Its purpose is to make clear that the Contempt of Courts Act, 1971 should not be interpreted as creating an enlarged category of contempt merely because particular conduct such as disobedience, breach or publication is referred to in the Act.

In simple terms, an act cannot be treated as contempt solely on the ground that the 1971 Act contains provisions dealing with contempt. The conduct must be of a kind that is otherwise legally punishable as contempt.

What does Section 9 cover?

The wording of Section 9 expressly refers to "disobedience, breach, publication or other act." The provision therefore operates broadly and prevents the Act from being construed as independently extending contempt liability to conduct that would not otherwise amount to punishable contempt.

Meaning of contempt of court under Section 2

Section 2 of the Contempt of Courts Act, 1971 defines "contempt of court" as civil contempt or criminal contempt.

Civil contempt broadly concerns wilful disobedience of a judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court.

Criminal contempt concerns specified publications or acts that scandalise or tend to scandalise or lower the authority of a court, prejudice or interfere with judicial proceedings, or interfere with or obstruct the administration of justice in another manner.

Read with these definitions, Section 9 makes clear that the Act should not be interpreted as extending contempt beyond conduct that is legally punishable as contempt.

Why is Section 9 important?

The provision is important because contempt jurisdiction is a special jurisdiction concerned with protecting the administration of justice and the authority of courts. Section 9 expressly guards against construing the statute itself as an enlargement of the substantive scope of contempt.

Constitutional contempt jurisdiction

The statutory scheme must also be understood in the constitutional context. Article 129 of the Constitution recognises the Supreme Court as a court of record with the power to punish for contempt of itself. Article 215 similarly recognises every High Court as a court of record with the power to punish for contempt of itself.

Accordingly, Section 9 should be read as part of the statutory framework governing contempt and not as a provision independently creating new categories of contempt.

Related provisions

Readers may also refer to Section 2 - Definitions, Section 8 - Other defences not affected, Section 10 - Power of High Court to punish contempt of subordinate courts, and Section 13 - Contempt not punishable in certain cases.

For the complete statutory framework, see the Contempt of Courts Act, 1971.