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 by Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens.

When contempt happens before the court

In such a case, the court can take a person into custody and try their case on the very same day or at the earliest possible opportunity¹). The person will be informed of the charges against them, and will be given an opportunity to make their defense²). They can also apply to have their case heard by any other Judge(s), who is not the Judge(s) in whose presence the alleged contempt was committed³). The offender will be in custody till the charge against them is determined⁴). 

However, they can be released on bail, by executing a bail bond to guarantee their future attendance. To understand more on the bail, read our explainer on ‘Bail’

When contempt does not happen before the court

In such a case, the court can take up a case on its own or take up such a case which is referred to them by a legal officer⁵). Such a reference can be made by the:

• Attorney General or Solicitor General, in case of the Supreme Court⁶. 
• Advocate General, in case of High Courts⁷. 
• The Law Officer specified by the Central Government, in case of the court of Judicial Commissioner⁸.

If the contempt happens against a Subordinate Court

In case the contempt happens against a Subordinate Court, like a District Court, the matter has to be referred to the High Court, by: 

• The Subordinate Court or 
• The Advocate General of the State or
• The Law Officer specified by the Central Government, in relation to a Union Territory⁹.

To understand how individual citizens can file a complaint for contempt of court, read our explainer on ‘Who can file a complaint’. 

1. Contempt of Courts Act, 1971, Section 14(1[↩]
2. Contempt of Courts Act, 1971, Section 14(1[↩]
3. Contempt of Courts Act, 1971, Section 14(2[↩]
4. Contempt of Courts Act, 1971, Section 14(4[↩]
5. Contempt of Courts Act, 1971, Section 15(1[↩]
6. Section 15(1)(a), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.[↩]
7. Section 15(1)(b), read with Explanation (b) of Section 15, Contempt of Courts Act, 1971.[↩]
8. Section 15(1)(c), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.[↩]
9. Section 15(2), Contempt of Courts Act, 1971.[↩]