Short note on section 17 of the advocates act 1971
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regulate their procedure in relation thereto.
Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows :
1. Short title and extent. ? (1) This Act may be called the Contempt of Courts Act, 1971.
(2) It extends to the whole of India:
Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which
the provisions of this Act relate to contempt of the Supreme Court.
2. Definitions. ? In this Act, unless the context otherwise requires, ?
?(a)? ?contempt of court? means civil contempt or criminal contempt;
?(b)? ?civil contempt? means wilful disobedience to any judgment, decree, direction, order,
writ or other process of a court or wilful breach of an undertaking given to a court;
(c)? ?criminal contempt? means the publication (whether by words, spoken or written, or by
signs, or by visible representation, or otherwise) of any matter or the doing of any other act
whatsoever which ?
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court;
or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration
of justice in any other manner;
(d) ?High Court? means the High Court for a State or a Union territory, and includes the court
of the Judicial Commissioner in any Union territory.
Comments
? Breach of an undertaking given to a Court by a person in civil proceedings, on the faith of which
the Court sanctions a course of action is misconduct amounting to contempt of court. Noorali
Babul Thanewala v. K.M.M. Shetty, AIR 1990 S.C. 464.
? The power to penalise an officer of the Court should be exercised in those cases where the
order is deliberately not obeyed or compliance is not made. C.P. Singh v. State of Rajasthan,
1993 Cr.L.J. 125.
? Advocate making libellous allegations against sitting Judges of High Court amounts to
interference with administration of justice. Pritam Lal v. High Court of M.P. 1992 Cr.L.J. 1269=
AIR 1992 SC 904
? What it constitutes ? Scandalising Court or Judge, undermining people's confidence in
administration of justice and bringing or tending to bring the Court into disrepute or disrespect
tantamount to criminal contempt ? Scurrilous attack on a Judge questioning his authority would
amount to contempt. Dr. D.C. Saxena v. Hon'ble The C.J.I., J.T. 1996(6) S.C. 529 = 1996(5) SCC
216.
? Civil contempt ? Where action of contemner is wilful, deliberate and in clear disregard of
Court's? order, it amounts to civil contempt. Amar Bahadurising v. P.D. Wasnik and others. 1994
Cri.L.J 1359 =1994(2) Bom CR 464 (Bom)
? Contempt proceedings ? Initiated on basis of the report of an official ? Principles of natural
justice require that the copy of the report should be furnished to contemner and opportunity be
Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows :
1. Short title and extent. ? (1) This Act may be called the Contempt of Courts Act, 1971.
(2) It extends to the whole of India:
Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which
the provisions of this Act relate to contempt of the Supreme Court.
2. Definitions. ? In this Act, unless the context otherwise requires, ?
?(a)? ?contempt of court? means civil contempt or criminal contempt;
?(b)? ?civil contempt? means wilful disobedience to any judgment, decree, direction, order,
writ or other process of a court or wilful breach of an undertaking given to a court;
(c)? ?criminal contempt? means the publication (whether by words, spoken or written, or by
signs, or by visible representation, or otherwise) of any matter or the doing of any other act
whatsoever which ?
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court;
or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration
of justice in any other manner;
(d) ?High Court? means the High Court for a State or a Union territory, and includes the court
of the Judicial Commissioner in any Union territory.
Comments
? Breach of an undertaking given to a Court by a person in civil proceedings, on the faith of which
the Court sanctions a course of action is misconduct amounting to contempt of court. Noorali
Babul Thanewala v. K.M.M. Shetty, AIR 1990 S.C. 464.
? The power to penalise an officer of the Court should be exercised in those cases where the
order is deliberately not obeyed or compliance is not made. C.P. Singh v. State of Rajasthan,
1993 Cr.L.J. 125.
? Advocate making libellous allegations against sitting Judges of High Court amounts to
interference with administration of justice. Pritam Lal v. High Court of M.P. 1992 Cr.L.J. 1269=
AIR 1992 SC 904
? What it constitutes ? Scandalising Court or Judge, undermining people's confidence in
administration of justice and bringing or tending to bring the Court into disrepute or disrespect
tantamount to criminal contempt ? Scurrilous attack on a Judge questioning his authority would
amount to contempt. Dr. D.C. Saxena v. Hon'ble The C.J.I., J.T. 1996(6) S.C. 529 = 1996(5) SCC
216.
? Civil contempt ? Where action of contemner is wilful, deliberate and in clear disregard of
Court's? order, it amounts to civil contempt. Amar Bahadurising v. P.D. Wasnik and others. 1994
Cri.L.J 1359 =1994(2) Bom CR 464 (Bom)
? Contempt proceedings ? Initiated on basis of the report of an official ? Principles of natural
justice require that the copy of the report should be furnished to contemner and opportunity be
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