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Where can contempt of court happen?

    Home Police and Courts Contempt of Court Where can contempt of court happen?
    NextPrevious

    Where can contempt of court happen?

    By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

    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’. 

    0
    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.[↩]
    court, explainer, Government

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