Contempt of Courts Act,1971

Act No : 70

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Section : Contempts not punishable in certain cases.

13. Contempts not punishable in certain cases.Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice.

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Prakash Yedhula wrote on 03 May 2009

Where the act complained of substantially interferes or tends to interfere with the board stream of administration of justice that will be punishable in spite of s. 13. If an act undermines the prestige of the court, it is certainly substantially interfering with due course of justice. The impairment of the dignity and the authority of the court is to be exchanged. The purpose of contempt proceeding is to preserve and maintain the flow of stream of justice in its insulted form and purity.—Laxman Pd. Agarwal v. K.P. Singh 1991 Cr LJ 2834

Prakash Yedhula wrote on 03 May 2009

The importance of the section lies in this that by implication it prevents the court from taking a technical view or a vindictive attitude. Consistent with the respect and dignity in which the court is held, the court is expected to conduct itself in a decent and magnanimous fashion.—anisha Mukherjee v. Ashok Chatterjee 1985 Cr LJ 1224

Prakash Yedhula wrote on 03 May 2009

A willful and deliberate violation of the order of the court must be shown to interfere with the due course of justice before such conduct can be punishment for contempt.—Incon (India) Ltd. V. A.L. Rungta 1981 Cr LJ 144

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