Contempt of Courts Act,1971

Act No : 70

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Section : Cognizance of criminal contempt in other cases.

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. ---------------------------------------------------------------------- 1 Ins. by Act 45 of 1976 s. 2 (w.e.f. 30-3-1976). ---------------------------------------------------------------------- 154

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Prakash Yedhula wrote on 03 May 2009

Though the contempt jurisdiction of the Supreme Court and the High Court can be regulated by legislation by appropriate Legislature under Entry 77 of List 1 and 14 of List III in exercise of which the Parliament has enacted the Act of 1971, the contempt jurisdiction of the Supreme Court and High Court is given a constitutional foundation by declaring such courts, to be the “courts of records” under arts. 129 and 215 of the Constitution and there from the inherent power of the Supreme Court and High Court cannot be taken away by any legislation short of constitutional legislations.—Pritam Pal v. High Court 1992 Cr LJ 1269

Prakash Yedhula wrote on 03 May 2009

The whole object of prescribing procedural modes of taking cognizance in s. 15 is to safeguard the valuable time of the High Court and the Supreme Court being vested by frivolous complaints of contempt of court. Sec. 15(2) does not restrict the power of the High Court to take cognizance of the contempt of a subordinate court on its own motion although apparently the section does not say so.—Delhi Judicial Service Association v. State of Gujarat AIR SC 2176

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