| __ proceedings ean be initiated either by fling an application or by the cour itself suo moto In ‘both the eases, contempt proceedings must be initizted within one year from the date on which ‘contempt is alleged to have been committed. ‘In criminal contempt, contempt is alleged to have been committed the moment scandalization of court or interference with the administration of justice takes place. Consequently, the period of limitation immediately starts running. But, in case of civil contempt the period of limitation does not start from the date of the order. It starts running after expiry of period mentioned in the order after service of certified copy of the order upon the other side. If no time limit is mentioned in the order, the order should be complied within a reasonable period. The term “reasonable period” has been interpreted to be a period of three months from the date of service of certified copy. AA person charged with civil contempt of court can take the following defences- 1}) + No knowlege of order ‘The general principle is that a person cannot be held guilty of contempt in respect of an order of which he claims to be unaware. Law casts duty upon a successful party to serve the certified copy of the order on the other side cither personally or by registered speed post ‘Notwithstanding the fact that the order has been passed in presence of both the parties or their counsels. So, it can be successfully pleaded in defense that the certified copy of the onder was not formally served on the alleged contemnor._ | 2) - Disobedience or breach was not wilful It can be pleaded that although disobedience or breach of the order has taken place but it was due to accidental, administrative or other reasons beyond the control of the party concerned. This plea can be successful only when the order has been complied with and a reasonable ‘explanation has been given for non- compliance thereof. ‘The Court may assess the intention of the party from the act done in the same way asa reasonable prudent man would assess in the given circumstances. 2) + Order disobeyed is vague or ambiguous ES os pated YES) $ or ambiguous or its not specific or complete, it would be ef nor can ‘| jn defense that the order whosevs, Stale of Himanchal Pradesh[7] the Supreme Court directed the respondent corporation to restore the promotion of the petitioner in service from a particular date, This direction was complied with by the respondent corporation by treating him as promoted from that particular date which was given in the order. But, the monetary benefits for that period were not paid by the respondent corporation and as such the contempt petition was filed Respondent Corporation took a defense that monetary benefits were not paid to the petitioner because there was no direction in the order for payment of monetary benefit and they cannot be held liable for contempt. In case of Bharat Coking Coal Ltd. vs. State of Bihar(8], the Supreme Court clarified the legal position by holding that where the order is incomplete and ambiguous, the parties should approach the original court and get the order clarified by getting the ambiguity removed 4) * Order involves more than on reasonable interpretation. If the order whose contempt is alleged involves more than one reasonable and rational interpretation and the respondent adopts one of them and acts in accordance with one such interpretation, he cannot be held liable for contempt of court. However, this defense is available only when a bonafide question of interpretation arises. The intention of bonafide interpretation can be gathered from the fact that the order has been complied with by adopting one such interpretation. In case of T.M.A, Pai Foundation vs, State of Kamnataka{9] it was held that this defense won't be allowed ifa doubt about the order has been deliberately created when actually there is no doubt at all. 8) + Compliance of the order is impossible, In proceedings for civil contempt, it would be a valid defense that the compliance of the order isimpossible. However, the cases of impossibility must be distinguished from the cases of mere difficulty. In case of Amar Singh v. K.P.Geetakrishnan, the court granted certain pensioner benefits to a large number of retired employees with effect from a particular back date. The plea of impossibility was taken on the ground that the implementation of the order would result in heavy financial burden on the exchequer. However, the plea of impossibility was rejected by the court with the observation that although it’s difficult to comply with the order but it’s not impossible to comply and therefore, it should be complied with, 6) The order has been passed without jurisdiction. the order whose contempt is alleged, has been passed by a court which had no jurisdiction to Pass it, the disobedience or violation would not amount to contempt of court for the reason that.ssed without jurisdiction is a void order and binds nobody. In case of Krishna Devi Malchand V, Bombay Environmental Action Group(|0], the Supreme Court clatified the legal position cand held that ithe “order is void, itcannot be ignored by the party aggrieved by it. The sume the role of Appellate or Provisional authority in order to say that the order is not binding upon them, Consequently; iC any party Teele that the-order has been passed by a court which had no,urisdiction to pass it, he should ‘approach the same court for eecking such declaration by moving an application for recall ofthe order. Ifthe application i rejected the Appellate Court can be approached for such declaration. Incase of State of Jammu and Kashmir vs. Mohd. Yaqub Khan{1!), the Supreme Court has held that where stay ‘petition “application is pending, the Contempt Court should not proceed with the contempt case till the stay vacation application is decided. So, incase of inierim order having been passed by a court ‘hich has no jurisdiction, a stay vacation application can be promptly file, raising the plea of lack of jurisdiction. the order pa litigating perty cannot ass In Dr. H. Puninder Singh vs. K-K. Sethi[12], the Supreme Court has held that if there is any 0 o slay order passed by ‘the Appellate Court, the contempt court cannot proceed. However, if no late Court, the court can proceed and the order interim order application is passed by the Appell of the original court should be complied with subject to any order passed by the Appellate Court at the final stage. Defences Against Criminal Contempt Sea 2s + tir Ta “Innocent publication and distribution of matter. 3 deals with this defense. Ifa criminal contempt is initiated against a person on the ground that he is responsible for publication or for disttibution of publication which prejudices or interferes with the pending proceedings, the contempiner may take the following steps: (@) he may plead under S. 3(1) that atthe time of publication, he had no reasonable ground for believing that the proceeding was pending. _{b) he may plead under S.3(2) that atthe time of publication, no such proceeding was pending. .3(3) that at the time of distribution of publication, he had no 1 that the matter (published or distributed by him) contained or 1y material which interfered or obstructed the pending proceeding or uld not be held guilty of Contempt of Court for judicial proceedings or any stage thercof. S. 7 of principle that justioe should be administered i"F public. Sub sections (1) and (2) of S.7 provide that person shall not be guilty of Contempt of Court for publishing the text or for publishing fair and accurate summary of the whole or any part of the order made by the court in camera (in Chamber) unless the court has expressly. prohibited the publication of the proceedings on the grounds of: a) Public Policy b) Public Order of the State ©) Secu 4) Information relating to a secret process, discovery or invention, or, in exercise of the power vested in it. 2) « Fair criticism of judicial act §.5 provides that a person shall not be guilty of criminal contempt for publishing any fair comment on the merits of any case which has been finally decided. A defense can be taken that the statement complained of (in respect of publication of which criminal contempt has been initiated) must be in respect of a case which has been finally decided and not in respect of pending proceedings. Moreover, the statement should come from the mouth of 2 knowledgeable person in the field of law and not from a litigating party which has lost the case. In short, fair criticism means that criticism which while criticizing the act of a Judge does not impute any ulterior motive to him. In case of Arundhati Roy, the Supreme Court has held that judicial criticism cannot be invoked under the garb of Freedom of Speech and Expression under Article 19(1)(a) of the Constitution of India. The Supreme Court further clarified that fair criticism of the judiciary asa whole or the conduct of a Judge in particular may not amount to contempt if it is made in good faith and in public interest. To ascertain the ‘good faith’ and ‘public interest’ the Courts have to take into consideration all the surrounding circumstances including the person's knowledge in the field of law, the intention behind the comment and the purpose sought to be achieved. A common citizen cannot be permitted to comment upon the Courts in the name of criticism by seeking the help of Freedom of speech and expression for the reason that if it is not checked, it would destroy the judicial institution itself. In the present case, Arundhati Roy was not found to have knowledge or study regarding the working of the Supreme Court or judiciary of the country and so the defense of fair comment in good faith and public interest taken by her Was rejected and she was punished for criminal coniempt. 4) Bonafide complain against the presiding officer of a subordinate court,O° ee $6 provides that a person shall not be guilty of contempt of court in respect of any statement made by him by way of complaint in good faith concerning the presiding officer of any sub- ‘ordinate court to the High Court or to the Court to whieh he is sub-ordinate. ‘The protection of this section will be available only when it is proved that the complaint was made in good faith In ascertaining the ‘good faith’ the intention and the purpose sought to be achieved by complaint will be taken into consideration and it would be ensured that the same was not made with ulterior motive. S) : No substantial interference with due course of justice. By the Contempt of Courts (Amendment) Act, 2006, a new Seotion 13 has been substituted in place of existing S.13, This new S. 13 provides that ‘notwithstanding anything contained in any law forthe time being in foree, no Court should impose a sentence for Contempt of Court unless itis satisfied that the Contempt is of such a nature that it substantially interferes or tends to interfere with the due course of justice.” 5 + Justification by truth. The amended $.13(2) provides that the Court may permit justification by truth as a valid defense in any proceeding for criminal contempt if it is satisfied that it is in public interest “Thus, truth is now a defense if itis in the public interest and bonafide. %) «The statement complained of is open to different interpretations. Ifthe words complained of are open to two different interpretations and one of them indicates contempt while the other does not, the contemptner cannot be punished for non-compliance of one interpretation. But, in order to sucoeed in this defense, itis necessary to prove thatthe order twas complied with in respect of one interpretation. Ifthe order is not complied with at all, it cannot be proved that there was a reasonable doubt as tothe interpretation of the order. On the other hand, it will be presumed that a doubt is deliberately sought to be created so as to avoid the compliance of the order. >) Defamation of the judge personally, Ifthe publication or other act is merely @ defamatory attack on the judge and is not intended to interfere with the administration of justice, it will not be taken as contempt of court ‘The publication or other Act amounts to Contempt of Court only when it has nexus with the functioning of a judge. The statement complained of may amount to Contempt of Court onlywhen it is made against a judge in his judicial capacity in the exercise of his judicial functions. However, in such a situation a judge is not remediless and he has the same remedies available Which are available toa common man. A defamatory attack on a judge may be Libel or Slander and he has a discretion to proceed for Defamation in civil, criminal or simultaneous proceedings against the person concerned but he cannot be punished summarily under criminal contempt of court. The object of Contemp: law isto protect the confidence of the people in the administration of justice and its object is not {o prevent attacks upon the personal reputation of any individual judge. So, any personal attack upon the judge unconnected with the office he holds, is dealt with under the ordinary rules of Libel and Slander. Following remedies are available against the punishment order under Contempt of Court Act: 1. Apology: The conternner may under apology 10 the court and the court may remit the punishment awarded for contempt, if the court is satisfied that the apology has been made with real sense of repentance. In case of A.K.Pandey, the Supreme Court made it clear that the court is not bound to accept the apology unless there is a feeling of repentance in the contemmner. In case of M.C.Mehta vs. Union of India{ 13], the Supreme Court further clarified that apology should not be used as a weapon of defense in case of contempt. The apology must be tendered at the earliest opportunity. An apology will not be treated as an apology if tendered at a time when court is going to impose a punishment. However, along with apology the defense taken by contemner can be pleaded. Explanations to section 12(1) has enabled the contemner to put forward his defense while pleading apology as this explanation has provided that apology should not be rejected on the ground that its qualified or conditional if the accused makes it bonafide. Apology will help the contemner if his explanation has been rejected. In case of Haridas V. Smt. Usharani [14] the apology tendered by contemner was not found to be genuine as the contemner repeatedly tried to assert that whatever he said was correct and he would prove it, And at the same time he tender apology. His apology was not found to be genuine and he was punished for contempt. 2, Appeal: Contempt of court Act, 1971 has provided for the statutory right of appeal against the orders of High Court passed in the exercise of its jurisdiction to punish for the contempt of the court, Prior to this act there was no statutory right of appeal but even at that point of time the person punished under the Contempt of Court Act was not remediless. The High Court itself could grant the certificate under Article 134 of the Indian Constitution and where the High Court refused to grant such certificate, the Supreme Court could entertain the appeal by granting special leave under Article 136 of the Constitution of India.However, in case of punishment order passed by single judge, the right of appeal gets exhausted conce the appeal is filed before the division bench and there is no further right of appeal under the Contempt of Court Act. However, the remedy under Article 136 of Constitution will still be available and the Supreme Court may grant leave to appeal under Article 136, Section 19(4) provides for the period of limitation for preferring an appeal. It provides that an appeal under Article 19(1) shall be filed within thirty days to the division bench of High Court and in case the order of punishment has been passed by division bench of High Court then within sixty days to the Supreme Court from the date of the order appealed ‘against. Section 19(2) deals with the power of Appellate Court during the pendency of appeal It provides that during the pendency of the appeal the Appellate Court may pass the following orders: 1. The exceution of the punishment order shall remain suspended. 2, If appellant is under confinement imprisonment, he may be released on bail. 3. The appeal may be heard notwithstanding that the appellant has not perched his contempt. Section 19(3) provided that an appeal under section 19 will lie at the instance of the person aggrieved. A proceeding for contempt is between the court and the contemner. A person who moves the application for initiating contempt proceeding does not come within the category of person agerieved and therefore he has no locus to file an appeal, if his contention for initiating the contempt proceeding is rejected. If'a person is found guilty for contempt of court, an appeal will lie under section 19 that the instance of person who is found guilty and is consequently punished. But, if person is not fourid guilty of contempt proceedings and proceedings for contempt is either dismissed or dropped against him then the informant or person who hes moved the application for initiating the contempt will have no right of appeal under section 19 of the Act. In case of Varda Kant Mishra vs. State of Orissa, it was clarified by Supreme Court that the order or the decision of High Court refusing to initiate contempt proceedings or dropping the contempt proceedings or acquitting the contemner (ever itiated the contempt proceedings) cannot be challenged by way of appeal under Section 19. It is only the order of Punishment which can be challenged by way of appeal under section 19 of the act, ee 14 is zane of court act deals with the procedure of contempt in the face of the court offrecord whereas section 15 deals with the Procedure in cases other than in the face ofcour of record. This is also known as constructive contempt. Article 129 provides that the Srpreme Court and article 215 provides that every High Court shall be e court of record and ier ve all the poners of such court including to punish for its contempt, These court of records have inherent power to punish for contempt arid therefore these court of records c: val with such matter summarily and ean adopt thelr own procedure rd while exereising the contempt jurisdiction red by the courts of recor opportunity should be (ed must be fair and reasonable in which full The only case to be observ: Jf, No person should be punished for the is that the procedure adopt 1 given to the alleged contemner to defend himself. ‘ antempt unless a specific charge against him is clstinetly stated and he js Biven & reasonable opportunity to answer it and to defend himself against such charge, ‘The contempt proceedings are nelther civil proceedings nor criminal. They are sui generis. Consequently, contempt proceedings will neither be governed by Civil Procedure Code nor by Code of Criminal Procedure. Even the provisions of Indian Evidence Act will not be attracted in the contempt proceedings. The contempt of court including the criminal contempt is not an offence within the meaning of Code of Criminal Procedure and therefore a procedure prescribed by Code of Criminal Procedure for investigation, enquiry and trial of the offence is ‘not required to be followed in contempt proceedings. The contempt of court and the power of the Supreme Court and High Courts to initiate proceedings for contempt and pass punishment orders, isa special jurisdiction which is inherent in all the courts of record. Section 5 of the Code of Criminal Procedure expressly excludes special jurisdiction from the scope of Code of Criminal Procedure. Section 14 deals with contempt in the face of the Supreme Court and High Courts and it Provides that whenever it appears to the Supreme Court and the High Courts that a person appears to have committed contempt in its presence or hearing the court may cause such person \ to be detained in custody. And shall at any time before the risi fhe court on the sam or as early as possible, n he : rising of U rt same day rl ‘bl: Cause informed in writing of the contempt with which he iarged. ise him to be infor in writing of the con with which he is chi 2. Afford him an opportunity to make his defense in respect of the charg charge, 3. Afler takis vic ng such evidence as may be offered by such person ad aWhere the person charged with contempt under this section applies whethe ; to have the charge against him, tried by some judge other than the aco rinsing presence or hearing the contempt is alleged t0 have been committed and tie courte st ne opinion that it is necessary in the interest of justice that the application should be absvod hall cause the matter to be placed before the Chief Justice with the statement of facts of the tase for transfer before such judge as the Chief Justice may think fit and proper under the circumstances of the case. However, it shall not be necessary for the judge or Judges in whose presence or hearing the contempt is alleged to have been committed to appear as a witness before the Court where the tmatterhas been referred, The statement of facts ofthe case written by the judge or Judges while referring the matter to the Chief Justice shall be treated as evidence in the case. + In Sukhidev Singh vs. Teja Singh, the Supreme Court observed that if the judge has been personally attacked, he should not, as far as possible, hear the contempt matter and should refer the matter to Chief Justice for nomination of some other Court, or, on the application of the person aggrieved. This is necessary keeping in view the principle of law that no one should be a judge in his own cause, and, secondly. justice should not only be done, but it must appear to have been done. In those cases, where the Contemnor has been detained in custody, during the pendency of the Contempt case, he may be released on Bail or on furnishing bond with or without sureties, that he shall continue to attend the Court proceedings. Criminal Contempt committed outside the Court, in other words, other than in the face of the Court, is known as Const contempt by courts of record whei ordinate courts. Section 15(1) provides that cogni: i gnizance for criminal contempt can be Supreme Court and High Courts in the following manner: ae i. On its own motion ii, On the motion of the Adyocate General On the motion of any oth 5 Geatral ‘ny other person, with the consent, in writing, of the Advocateies | jv. On the motion of such law officer in relation to the High Court for the Union Tervito of Delhi as the central government may notify. ye section 15(2) provides that in case of criminal contempt of a sub-ordinate court, the concerned High Court may take action in the following manner: i. On the reference made to it by the sub-ordinate court. ii, On the motion made by the Advocate General. iii, On the motion made by such law officer in relation to a Union Territory as the Central Government may specify. Section 15(3) provides that every motion or reference shall specify the contempt of which the person charged is alleged to be guilty. ‘The expression “advocate general” in this section means the following: 1.in relation to the Supreme Court, the Attorney General or the solicitor general. 2.In relation to a High Court, the Advocate General of the states for which High Court has been established. 3.In relation to the court of judicial commissioner, such law officer as the central government may specify. Section 15 bars the private individuals to file without consent of the Advocate General, The purpose of barring a private person from filing contempt procedure without the consent of Attorney General is to save the court's time from being wasted in frivolous complaints. In Hari Kishan ys, Narutham Das Shashiti, the SC held that the purpose of barring private person from filing criminal contempt is to prevent the courts from being flooded with frivolous motions in order to serye personal interest or grudge. Once the matter is scrutinized by advocate general only such motions which haye substance will receive the court's attention. In case of Biman Basu V A.G Thakurta[ 15], the SC held that any petition of criminal contempt filed by any private person without the consent of the Advocate General will not be maintainable and will be dismissed on this ground alone,he court, the contempier isn't present in the court and procedure, It provides that all be served personally on the person charged in cases of contempt committed outside | therefore @ notice is to be served on him section 17 deals with this notice of every proceeding under section 15 s} unless the court for reasons to be recorded, directs otherwise. The notice shall be accompanied: 1. In case of proceedings commenced on a motion, by the copy of the motion along with affidavit and material on which such motion is founded. +2, In case of proceedings on a reference by a subordinate court by acopy of the reference. mndet section 15 is likely to abscond or is sament of the property of such f the person appears: and {the court is of the opinion thatthe person charged U likely to avoid the service of notice, the court may order the attac! person. However, the court may release the property from attachment i vatisies the court that he did not abscond or avoid the court’s notice. ny person charged with contempt under section 15 may file an affidavit in support of his defence and the court may decide the charge of contempt on the basis of his affidavit or after taking such evidence as may ‘be necessary. -comdeson Anything that eurtails or impairs the freedom of limits ofthe judicial proceedings. Any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with ot prejudice partes or theit witnesses during litigation. Consisting of words spoken or written which obstruct or tend to obstruct the administration of justice. Publishing srords which tend to bring the administration of Justice into contempt, 10 PF) udice the fair trial tfany eause or matter which isthe subject of Civil or Criminal proceeding or in any way to obstruct the cause of Justice. An apology shall not be rejected merely on the ground that itis qualified or conditional if the accused makes it bonafidely.. Section 12 deals with the punishment for contempt of court. It provides as follows: Section 12(1)- Saves otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment fora term which may extent to 6 months or a fine ‘which may extend upto rupees 2000 or both.Provided that, the accused (of contempt) may be discharged or the punishment awarded may be remitted on apology being made to the court's satisfaction. However, in short contempt can be said to be an act or omission which interferes or tends to interfere in the a istration of justice. To constitute contempt, it’s not necessary that there in the ac istration of justice. If the act complained of, tends to ere in th -administration of justice, may be taken as contempt. The 7 ised in a very wide sense. It is not confined to the functions of judges- administrative, adjudicatony justice.