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Law of Contempt of Court

Law of Contempt of Court

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Description
Law of Contempt of Court - Section wise Commentary on the Contempt of Courts Act, 1971 along with Supreme Court and State High Courts Contempt of Courts Rules and Reports.
"We must not make scare-crow of the law, setting it up to frighten birds of prey". (Angelo to Escalus in "Measure for Measure" by W. Shakespear when Escalus asks for pardon to Claudio").
Rule of law is the bulwark of any civilised and democratic society. Existence of rule of law is because of the existence of Courts of Justice. Courts are bulwark of liberty and rights of citizens. That is why the institution of Courts of Law and Justice is looked upon with reverence and treated with sanctity. The authority and dignity of the Courts has to be kept intact as Courts have been established for the settlement of the disputes of the citizens in orderly manner and for maintenance of law and order.
Maintenance of dignity and authority of the Courts is indispensable to the stability of the Governments and therefore independent judiciary is the pillar of not only civilised and ordered communities and societies but also for the progress of a stable Government.
Unless the Courts are empowered to punish for its contempt when its dignity is undermined or the administration of justice is interfered or orders are wilfully disobeyed, stream of justice cannot remain pure and unpolluted.
Summary power to punish for its contempt not only protects the dignity and authority of the Court but also helps in enforcement of the civil remedies. It is significant to note that power to punish does not mean that every utterance or act impinging upon the authority should be exercised as legal thumbscrew. Courts have been advised while exercising their jurisdiction for taking contempt action not to be hyper sensitive or exercise the jurisdiction on any exaggerated notion of the dignity of the judges.
The author has attempted to present to the reader who may not necessarily be a law man the picture of the law of contempt in all its possible facets. Contempt of Court is a term which is difficult to define but the broad test is that whether there is a mala fide or wilful disobedience of the orders of the court or any utterance or act is directed against the authority or dignity of the court or there is any deliberate interference in the court proceedings.
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Contents
The Contempt of Courts Act, 1971
1.    Short title and extent
2.    Definitions
3.    Innocent Publication and distribution of matter not contempt
4.    Fair and accurate report of judicial proceeding not attempt
5.    Fair criticism of judicial act not contempt
6.    Complaint against Presiding Officers of Subordinate Courts when not contempt
7.    Publication of information relating to proceedings in chambers or in camera not contempt
8.    Other defences not affected
9.    Act not to imply enlargement of scope of contempt
10.    Power of High Court to punish contempts of Subordinate Courts
11.    Power of High Court to try offences committed or offenders found outside jurisdiction
12.    Punishment for Contempt of  Court
13.    Contempts not punishable in certain cases
14.    Procedure where contempt is in the face of the Supreme court or a High Court
15.    Cognizance of criminal contempt in other cases
16.    Contempt by Judge, Magistrate or other person acting judicially
17.    Procedure after cognizance
18.    Hearing of cases of criminal contempt to be by Benches
19.    Appeals
20.    Limitation for actions for contempt
21.    Act not to apply to Nyaya Panchayats or other villages courts
22.    Act to be in addition to, and not in derogation of, other laws relating to contempt
23.    Power of Supreme Court and High Courts to make rules
24.    Repeal
Appendices
1.  Rules to Regulate Proceeding for Contempt of the Supreme Court, 1975
2.  The Contempt of Courts (Allahabad High Court) Rules, 1977
3.  The Contempt of Courts (Andhra Pradesh High Court) Rules, 1980
4.  The Contempt of Courts (Bombay High Court) Rules, 1994
5.  The Contempt of Courts Calcutta High Court Rules, 1975
6.  The Contempt of Courts (Gauhati High Court) Rules, 1977
7.  The Contempt of Courts (Gujarat High Court) Rules, 1984
8.  The Contempt of Courts (Himachal Pradesh) Rules, 1996
9.  The High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981
10.  The Contempt of Courts (Kerala High Court) Rules, 1971
11.  The High Court of Madhya Pradesh (Contempt of Court Proceedings) Rules, 1980
12.  The Contempt of Court Rules, High Court, Madras, 1975
13.  The Contempt of Courts (Nagpur Bench) Rules, 1953
14.  The Contempt of High Court of Orissa and Courts Subordinate to it
       (Regulation of Proceedings) Rules, 1975
15.  The Contempt of Courts (Patna High Court) Rules, 1985
16.  The Contempt of Court (Punjab and Haryana) Rules, 1974
17.  Rules of the High Court of judicature for Rajasthan, 1952 [Extract]
18.  The Contempt of High Court of Sikkim and Courts Subordinate to it
      (Regulation of Proceedings) Rules, 1991 [Extracts]
19.  The Central Administrative Tribunal (Contempt of Courts) Rules, 1986
20.  The Contempt of Courts (C.A.T.) Rules, 1992
21.  Report of the Sanyal Committee
22.  The Contempt of Courts Bill, 1963
23.  Report of the Joint Select Committee of Parliament on Contempt of Court
24.  The Contempt of the Courts Bill, 1968
25.  The Contempt of Courts Act, 1926
26.  The Contempt of Courts (Amendment) Act, 1937
27.  The Contempt of Courts Act, 1952
28.  Contempt of Courts Act, 1981 (English)
29.  Administration of Justice Act, 1960 (English)
30.  Phillimore Committee Report
31.  The Press and Registration of Books Act, 1867
32.  Relevant Provisions of Indian Penal Code
33.  Relevant Provisions of Code of Criminal Procedure, 1973
34.  Relevant Provisions of Code of Civil Procedure, 1908
35.  Relevant Provisions under Constitution of India
Subject Index
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