CC or Defamation Which one with the case law.
Querist :
Anonymous
(Querist) 22 May 2011
This query is : Resolved
A witness standing in the witness box & giving the evidence or he was cross examined during that time other witness standing by side or any person for the or public sitting in a open court (called as a layman audience) says some bad words to the accused or the witness who was cross examined than it has been said as per the contempt of court act, 1971 section 2 he was purposely interfering the court proceedings so it is said that it is a contempt of court & person is liable for contempt case but as per section 10 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). if any offence is punishable under the IPC, 1860 than no contempt case will be held. So know contempt case should be filed or section 499 (defamation) case should be filed against that person. Because as the person was giving bad words to xyz person in the court during the proceedings so it is a defamation because he was insulting the person without any reason but simultaneously it is contempt of court also so which one will prewill & can both the case (contempt case, Section 499) can be filed on that person ?
Also it has been said that the witness are not under the preview of section 499 of the IPC, 1860 Right Or wrong if right can i have the case law on that ?
Thanks
Guest
(Expert) 23 May 2011
1. thing to be kept in mind whether the alleged act/words/insultation/annoyance has been recorded in the proceedings of the deposition/court records at that time?
if yes proceed to give a complaint tot he presiding officer of that court to proceed further.
if not filed a private complaint before the J.M court having jurisdiction over the over in which the offence committed.
regarding citation kindly search and find it.
Guest
(Expert) 23 May 2011
I endorse the opinion of Mr. Ganesan.
