Contempt of Courts Act,1971

Act No : 70

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Section : Appeals.

19. Appeals. (1) An appeal shall lie as of right from any order or decision of 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.

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Prakash Yedhula wrote on 03 May 2009

Contempt proceedings relate to special jurisdiction, so such power to recall or reviewed can be exercised by invoking ss. 362 and 482 of the Code of Criminal Procedure—State of U.P. v. Baldev 1992 Cr LJ 1251

Prakash Yedhula wrote on 03 May 2009

The right of appeal is available under sub-s. 1 of s. 19 only against any decision or order of a High Court in the exercise of its jurisdiction to punish for contempt. The High Court exercises its jurisdiction or power as conferred upon it by art. 215 of the Constitution when it imposes a punishment for contempt when the High Court does not impose any punishment on the alleged contemner, it does not exercise its jurisdiction or power to punish for contempt under art. 215 of the Constitution.—D.N. Taneja v. Bhajan Lal 1988 (3) SCC 26

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