CONTEMPT
M Ravinder Babu Advocate Parka
(Querist) 05 February 2010
This query is : Resolved
SHOUTING OF MAGISTRATE IN COURT WETHER IT AMOUNT TO CONTEMPT OF COURT
M.RAVINDER BABU .ADVOCATE PARKAL,DIST .WARANGAL .AP.
9885627313
Arvind Singh Chauhan
(Expert) 05 February 2010
Sir I think it is contempt, but depends on language and cause?
Parveen Kr. Aggarwal
(Expert) 06 February 2010
Section 16 of the Contempt of Courts Act, 1971 makes provision about contempt by judge, magistrate or other person acting judicially.
Sub-section (1) provides: "Subject to the provisions of any law for the time being in force, a judge, magistrate or other persons actin 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, so far as may be, apply accordingly".
Section 2(c) defines a "Criminal contempt" to mean 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) Scandalizes or tends to scandalize, 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.
The Apex Court has held in case titled 'Baradakanta v. The Registrar, Orissa High Court' [AIR 1974 SC 710] that a judge can foul judicial administration by misdemeanors while engaged in the exercise of the functions of a Judge.
N RAMESH.
(Expert) 06 February 2010
Even otherwise it is an offence under section 228 of IPC
