THE CONTEMPT OF COURTS ACT, 1971 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

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 contempt. 
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 except 

in certain cases.  

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 village 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. 

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THE CONTEMPT OF COURTS ACT, 1971 

ACT NO. 70 OF 1971 

[24th December, 1971.] 

An Act to define and limit the powers of certain courts in punishing contempts of courts and to 

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: 
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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  representations, 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. 

3. Innocent publication and distribution of matter not contempt.—(1) A person shall not be guilty 
of  contempt  of  court  on  the  ground  that  he  has  published  (whether  by  words,  spoken  or  written,  or  by 
signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or 
obstructs or tends to  obstruct, the  course  of justice in  connection  with  any  civil  or  criminal  proceeding 
pending  at  that  time  of  publication,  if  at  that  time  he  had  no  reasonable  grounds  for  believing  that  the 
proceeding was pending. 

(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being 
in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil 
or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute 
contempt of court. 

(3)  A  person  shall  not  be  guilty  of  contempt  of  court  on  the  ground  that  he  has  distributed  a 
publication containing any such matter as is mentioned in sub-section (1), if at the time of distribution he 
had  no  reasonable  grounds  for  believing  that  it  contained  or  was  likely  to  contain  any  such  matter  as 
aforesaid: 

Provided that this sub-section shall not apply in respect of the distribution of— 

(i)  any  publication  which  is  a  book  or  paper  printed or  published  otherwise  than  in  conformity 

with the rules contained in section 3 of the Press and Registration of Books Act, 1867 (25 of 1867); 

1. The Proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 

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(ii) any publication which is a newspaper published otherwise than in conformity with the rules 

contained in section 5 of the said Act. 

Explanation.—For the purposes of this section, a judicial proceeding— 

(a) is said to be pending— 

(A) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise, 

(B) 

in 

the  case  of  a  criminal  proceeding  under 

the  Code  of  Criminal                           

Procedure, 1898 (5 of 1898), or any other law— 

(i) where it relates to the commission of an offence, when the charge-sheet or challan is 
filed, or when the court issues summons or warrant, as the case may be, against the accused, 
and 

(ii)  in  any  other  case,  when  the  court  takes  cognizance  of  the  matter  to  which  the 

proceeding relates, and 

in  the  case  of  a  civil  or  criminal  proceeding,  shall  be  deemed  to  continue  to  be  pending  until  it  is 
heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the 
appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the 
period of limitation prescribed for such appeal or revision has expired; 

(b) which has been heard and finally decided shall not be deemed to be pending merely by reason 
of  the  fact  that  proceedings  for  the  execution  of  the  decree,  order  or  sentence  passed  therein  are 
pending. 

4.  Fair  and  accurate  report  of  judicial  proceeding  not  contempt.—Subject  to  the  provisions 
contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate 
report of a judicial proceeding or any stage thereof. 

5. Fair criticism of judicial act not contempt.—A person shall not be guilty of contempt of court 

for publishing any fair comment on the merits of any case which has been heard and finally decided. 

6.  Complaint  against  presiding  officers  of  subordinate  courts  when  not  contempt.—A  person 
shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning 
the presiding officer of any subordinate court to— 

(a) any other subordinate court, or 

(b) the High Court, 

to which it is subordinate. 

Explanation.—In this section, “subordinate court” means any court subordinate to a High Court. 

7.  Publication  of  information  relating  to  proceedings  in  chambers  or  in  camera  not  contempt 
except in certain cases.—(1) Notwithstanding anything contained in this Act, a person shall not be guilty 
of  contempt  of  court for  publishing  a  fair  and  accurate report of a judicial proceeding  before any  court 
sitting in chambers or in camera except in the following cases, that is to say,— 

(a) where  the  publication  is  contrary  to  the  provisions  of  any  enactment  for  the  time  being  in 

force; 

(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly 
prohibits  the  publication  of  all  information  relating  to  the  proceeding  or  of  information  of  the 
description which is published; 

(c) where the court sits in chambers or in camera for reasons connected with public order or the 

security of the State, the publication of information relating to those proceedings; 

(d) where the information relates to a secret process, discovery or invention which is an issue in 

proceedings. 

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(2) Without  prejudice to the provisions contained in sub-section (1), a person shall not be guilty of 
contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an 
order  made  by  a  court  sitting  in  chambers  or  in  camera,  unless  the  court  has  expressly  prohibited  the 
publication thereof on grounds of public policy, or for reasons connected with public order or the security 
of  the  State,  or  on  the  ground  that  it  contains  information  relating  to  a  secret  process,  discovery or 
invention, or in exercise of any power vested in it. 

8. Other defences not affected.—Nothing contained in this Act shall be construed as implying that 
any other defence which would have been a valid defence in any proceedings for contempt of court has 
ceased to be available merely by reason of the provisions of this Act. 

9.  Act  not  to  imply  enlargement  of  scope  of  contempt.—Nothing  contained  in  this  Act  shall  be 
construed as implying that any disobedience, breach, publication or other act is punishable as contempt of 
court which would not be so punishable apart from this Act. 

10.  Power  of  High  Court  to  punish  contempts  of  subordinate  courts.—Every  High  Court  shall 
have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and 
practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts 
of itself: 

Provided that no High Court shall take cognizance of a contempt alleged to have been committed in 
respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal 
Code (45 of 1860). 

11. Power of High Court to try offences committed or offenders found outside jurisdiction.—A 
High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to 
it,  whether  the  contempt  is  alleged  to  have  been committed  within  or  outside  the  local  limits  of  its 
jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits. 

12. Punishment for contempt of court.—(1) Save as otherwise expressly provided in this Act or in 
any  other  law,  a  contempt of  court  may  be  punished  with  simple  imprisonment  for  a  term  which  may 
extend to six months, or with fine which may extend to two thousand rupees, or with both: 

Provided that the accused may be discharged or the punishment awarded may be remitted on apology 

being made to the satisfaction of the Court. 

Explanation.—An  apology  shall  not  be  rejected  merely  on  the  ground  that  it  is  qualified  or 

conditional if the accused makes it bona fide. 

(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a 
sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a 
court subordinate to it. 

(3)  Notwithstanding  anything  contained  in  this  section,  where  a  person  is  found  guilty  of  a  civil 
contempt,  the  court,  if  it  considers  that  a  fine  will  not  meet  the  ends  of  justice  and  that  a  sentence  of 
imprisonment  is  necessary  shall,  instead  of  sentencing him  to  simple  imprisonment,  direct  that  he  be 
detained in a civil prison for such period not exceeding six months as it may think fit. 

(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court 
is  a  company,  every  person  who,  at  the  time  the  contempt  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of business of the company, as well as the company, shall be 
deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by 
the detention in civil prison of each such person: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  such 
punishment if he proves that the contempt was committed without his knowledge or that he exercised all 
due diligence to prevent its commission. 

(5)  Notwithstanding  anything  contained  in  sub-section  (4),  where  the  contempt  of  court  referred  to 
therein has been committed by a company and it is proved that the contempt has been committed with the 
consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary 
or other officer of the company, such director, manager, secretary or other officer shall also be deemed to 

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be  guilty  of  the  contempt  and  the  punishment  may  be  enforced,  with  the  leave  of  the  court,  by  the 
detention in civil prison of such director, manager, secretary or other officer. 

Explanation.—For the purpose of sub-sections (4) and (5),— 

(a)  “company”  means  any  body  corporate  and  includes  a  firm  or  other  association  of    

individuals; and 

(b) “director”, in relation to a firm, means a partner in the firm. 

1[13. Contempts not punishable in certain cases.—Notwithstanding anything contained in any law 

for the time being in force,— 

(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied 
that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere 
with the due course of justice; 

(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid 
defence if it  is  satisfied that it is in  public interest and  the  request for invoking  the  said  defence is 
bona fide.] 

14. Procedure where contempt is in the face of the Supreme Court or a High Court.—(1) When 
it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been 
guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained 
in  custody,  and,  at  any  time  before  the  rising  of  the  Court,  on  the  same  day,  or  as  early as  possible 
thereafter, shall— 

(a) cause him to be informed in writing of the contempt with which he is charged; 

(b) afford him an opportunity to make his defence to the charge; 

(c) after taking such evidence as may be necessary or as may be offered by such person and after 
hearing  him,  proceed,  either  forthwith  or  after  adjournment,  to  determine  the  matter  of  the  charge; 
and 

(d) make such order for the punishment or discharge of such person as may be just. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  where  a  person  charged  with  contempt 
under that sub-section applies, whether orally or in writing, to have the charge against him tried by some 
judge  other  than  the  Judge  or  Judges  in  whose presence  or  hearing  the  offence  is  alleged  to  have  been 
committed, and the  Court is  of  opinion that it is  practicable to  do  so and that in  the  interests of proper 
administration  of  justice  the  application  should  be  allowed,  it  shall  cause  the  matter  to  be  placed, 
together with a statement of the facts of the case, before the Chief Justice for such directions as he may 
think fit to issue as respects the trial thereof. 

(3)  Notwithstanding  anything  contained  in  any  other  law,  in  any  trial  of  a  person  charged  with 
contempt under sub-section (1)  which is held, in pursuance of a direction given under sub-section (2), by 
a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been 
committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is 
alleged to have been committed to appear as a witness and the statement placed before the Chief Justice 
under sub-section (2) shall be treated as evidence in the case. 

(4)  Pending  the  determination  of  the  charge,  the  Court  may  direct  that  a  person  charged  with 

contempt under this section shall be detained in such custody as it may specify: 

Provided  that  he  shall  be  released  on  bail,  if  a  bond  for  such  sum  of  money  as  the  Court  thinks 
sufficient is executed with or without sureties conditioned that the person charged shall attend at the time 
and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court: 

Provided further that the Court may, if it thinks fit, instead of taking bail from such person, discharge 

him on his executing a bond without sureties for his attendance as aforesaid. 

1. Subs. by Act 6 of 2006, s. 2, for section 13 (w.e.f. 17-3-2006). 

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15. Cognizance of criminal contempt in other cases.—(1) In the case of a criminal contempt, other 
than a  contempt  referred to  in  section  14, the  Supreme  Court  or  the  High  Court  may  take  action  on  its 
own motion or on a motion made by— 

(a) the Advocate-General, or 
(b) any other person, with the consent in writing of the Advocate-General, 1[or] 
1[(c)  in  relation  to  the  High  Court  for  the  Union  territory  of  Delhi,  such  Law  Officer  as  the 
Central Government may, by notification in the Official Gazette, specify in this behalf, or any other 
person, with the consent in writing of such Law Officer.] 

(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a 
reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation 
to a Union territory, by such Law Officer as the Central Government may, by notification in the Official 
Gazette, specify in this behalf. 

(3) Every motion or reference made under this section shall specify the contempt of which the person 

charged is alleged to be guilty. 

Explanation.—In this section, the expression “Advocate-General” means,— 

(a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General; 

(b) in relation to the High Court, the Advocate-General of the State or any of the States for which 

the High Court has been established; 

(c)  in  relation  to  the  court  of  a  Judicial  Commissioner,  such  Law  Officer  as  the  Central 

Government may, by notification in the Official Gazette, specify in this behalf. 

16.  Contempt  by  judge,  magistrate  or  other  person  acting  judicially.—(1)  Subject  to  the 
provisions  of  any  law  for  the  time being  in  force,  a  judge,  magistrate  or  other  person  acting  judicially 
shall also be liable for contempt of his own court or of any other court in the same manner as any other 
individual is liable and the provisions of this Act shall, so far as may be, apply accordingly. 

(2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or 
other person acting judicially, regarding a subordinate court in an appeal or revision pending before such 
judge, magistrate or other person against the order or judgment of the subordinate court. 

17. Procedure after cognizance.—(1) Notice of every proceeding under section l5 shall be served 

personally on the person charged, unless the Court for reasons to be recorded directs otherwise. 

(2) The notice shall be accompanied,— 

(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of 

the affidavits, if any, on which such motion is founded; and 

(b) in  case of  proceedings  commenced  on  a reference  by  a  subordinate court, by  a  copy  of  the 

reference. 

(3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep 
out of the way to avoid service of the notice, order the attachment of his property of such value or amount 
as it may deem reasonable. 

(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of 
Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of 
money,  and  if,  after  such  attachment,  the person  charged  appears  and  shows  to  the  satisfaction  of  the 
Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order 
the release of his property from attachment upon such terms as to costs or otherwise as it may think fit. 

1. Ins. by Act 45 of 1976, s. 2 (w.e.f. 30-3-1976). 

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(5)  Any  person  charged  with  contempt  under  section  15  may  file  an  affidavit  in  support  of  his 
defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking 
such further evidence as may be necessary, and pass such order as the justice of the case requires. 

18. Hearing of cases of criminal contempt to be by Benches.—(1) Every case of criminal contempt 

under section 15 shall be heard and determined by a Bench of not less than two judges. 

(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner. 

19. Appeals.—(1) An appeal shall lie as of right from any order or decision of the High Court in the 

exercise of its jurisdiction to punish for contempt— 

(a) where the order or decision is that of a single judge, to a Bench of not less than two judges of 

the Court; 

(b) where the order or decision is that of a Bench, to the Supreme Court: 

Provided  that  where the  order  or decision  is  that  of  the  Court  of  the Judicial  Commissioner in  any 

Union territory, such appeal shall lie to the Supreme Court. 

(2) Pending any appeal, the appellate Court may order that— 

(a) the execution of the punishment or order appealed against be suspended; 

(b) if the appellant is in confinement, he be released on bail; and 

(c) the appeal be heard notwithstanding that the appellant has not purged his contempt. 

(3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High 
Court  that  he  intends to  prefer  an  appeal,  the  High  Court  may  also  exercise  all  or  any  of  the  powers 
conferred by sub-section (2). 

(4) An appeal under sub-section (1) shall be filed— 

(a) in the case of an appeal to a Bench of the High Court, within thirty days; 

(b) in the case of an appeal to the Supreme Court, within sixty days, 

from the date of the order appealed against. 

20.  Limitation  for  actions  for  contempt.—No  court  shall  initiate  any  proceedings  of  contempt, 
either on its own motion or otherwise, after the expiry of a period of one year from the date on which the 
contempt is alleged to have been committed. 

21. Act not to apply to Nyaya Panchayats or other village courts.—Nothing contained in this Act 
shall  apply  in  relation  to contempt  of  Nyaya  Panchayats  or  other  village  courts,  by  whatever  name 
known, for the administration of justice, established under any law. 

22.  Act  to  be  in  addition  to,  and  not  in  derogation  of,  other  laws  relating  to  contempt.—The 
provisions  of  this  Act  shall  be in  addition  to, and  not  in  derogation  of,  the  provisions  of  any  other law 
relating to contempt of courts. 

23. Power of Supreme Court and High Courts to make rules.—The Supreme Court or, as the case 
may be, any High Court, may make rules, not inconsistent with the provisions of this Act, providing for 
any matter relating to its procedure. 

24. Repeal.—The Contempt of Courts Act, 1952 (32 of 1952), is hereby repealed. 

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