How do you file a complaint for contempt?

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The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. According to the rules of the Supreme Court, a contempt petition should contain:

The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt).(( Rule 4(a)ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
Nature of the contempt alleged, and facts, including the date or dates of commission of the alleged contempt.(( Rule 4(a)(ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
If a petition has previously been made on the same facts, the complainant has to give the details of the petition previously made and also indicate the result of the case.(( Rule 4(a)(iii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))

The petition has to be supported by an affidavit and any document (s) in possession of the complainant. The document should be either the original or a true copy.(( Rules 4 (b) & (c), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) To understand who to file a complaint to, read the explainer on “Who can you complain to regarding a grievance under the law?”

Comments

Santosh Ray

May 26, 2023

Nice innumeration

manish pradhan

June 1, 2023

sir,
bilaspur high court has ordered to reinstate in service to postal department on 18-01-2023, certified copy submitted on 20-01-2023, the competent authority has not issued any order. no any reply received from department. orally informed that SLP is to be filed..so no order will be issued. has been more than 4.5 months. what to do to get relief. should I file contempt or wait for SLP? Experts please guide , with regards. manish pradhan

भंवरलाल कुमावत

June 25, 2023

आदरणीय सर कांता शर्मा वाइफ ऑफ पूरणमल शर्मा और मुझ प्रार्थी भंवरलाल कुमावत को न्यायालय उपखंड अधिकारी जी के द्वारा मुकदमा नंबर 150 ऑब्लिक 7 में दिनांक 15 /7/2008 को मौके और रिकॉर्ड की ता फैसला यथास्थिति रखने बाबत आदेश जारी किए थे जो आज भी प्रभावशाली हैं इसके बावजूद कांता शर्मा ने खसरा नंबर 925, 924 व अन्य नंबरों की सभी जमीनों का बेचान बंशीधर यादव को कर दिया और बंशीधर यादव ने भी सब कुछ जानने के बावजूद भी जमीनों की खरीद कर ली पुलिस में एफआईआर तो दर्ज हो गई लेकिन पुलिस वाले भी आज 76 दिन बीत जाने के बावजूद भी अपराधियों पर कार्यवाही नहीं कर रहे हैं अब आप ही बताएं मैं क्या करूं

P. K. Bhowmick

October 27, 2023

Is there any format for contempt petition prescribed by the Supreme Court?

Amrit

November 17, 2023

Very nice

Dibakar Sahoo

February 12, 2024

Complaint petition filing in the court by the complainant and the time of filing that the necessary of examination and shape of affidavit

Alka Manral

May 21, 2024

To file an online petition follow the steps below:
1. Visit http://www.efiling.ecourts.gov.in and select your state
2. Register onto the website and find the “New Case” option on the dashboard.
3. Select the court, type of petition, etc.
4. Next, fill the Complainant/Petitioner form
5. You will get an e-Filing number that can be noted for reference.
6. Fill the Respondent form, extra details form, and extra party form.
7. Sign using the given 3 methods
8. Upload any necessary documents (50 MB limit)
9. Pay the court fee.
10. Verify applicant and advocate
11. Click “final submit” to get approval from the e filing adim
Do not forget to log out!
Affidavit format
Title – This either contains your name or specific information about your case.
Identity Statement – The following paragraph introduces yourself to the court and provides information about your identity (age, address, etc.)
Truth Statement – You will swear in this section that the information provided is correct and true to the best of your knowledge.
Fact Statement – The paragraph(s) that follow will contain your factual statement. Each paragraph should only contain one fact and the details that pertain to it.
The Final Statement of Truth – After you’ve finished stating your facts, you will swear once more that the information provided above is correct.
Sign and Notarize – The last section contains signature lines for you, witnesses, and the notary, along with the date.
For a detailed format of an Affidavit visit – https://court.mah.nic.in/courtweb/criminal/pdf/chapter7.pdf

A.BALACHANDRAN

May 8, 2024

WHERE CAN WE FILE CONTEMPT PETITION OF MAGISTRATE COURT JUDGEMENT

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Related Resources

What does the law say you can/cannot do?

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law. These include innocent publication and distribution of matter, fair and accurate reporting of a judicial proceeding, fair criticism of judicial actions, complaint against presiding officers of subordinate courts and truth.

What is Contempt of Court?

Contempt of court is any action or writing, meant to lower the authority of a court or a Judge or to interfere with the course of justice or the lawful process of the court.

Where can contempt of court happen?

Contempt of court can happen anywhere - inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens.

Who are the authorities under the law?

The Constitution of India, 1950 empowers the Supreme Court and High Courts to have the powers to punish for contempt.

Is there a right to appeal against a contempt of court decision?

The law only allows a person to appeal against the decision once. If the appeal fails, no further remedy is present under the Contempt of Courts Act, 1971. However, the Constitution of India allows an appeal against any judgment of any court, including the High Court. This is done through a unique form of a petition, known as the ‘Special Leave Petition’.

What are the offences and punishments under this law ?

The punishment for civil and criminal contempt is the same. When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments. However, such an apology should be genuine and not merely a ruse to save oneself from punishment.