Contempt of Courts Act,1971
Act No : 70
Section :
Punishment for contempt of court
12. Punishment for contempt of court(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple 151 imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. : Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Explanation.-An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. (2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it. (3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine Will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit. (4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission. (5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the com- pany, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced. with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer. Explanation.-For the purpose of sub-sections (4) and (5),- (a)" company " means any body corporate and includes a firm or other association of individuals ; and 152 (b) "director", in relation to a firm, means a partner in the firm.
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Prakash Yedhula
wrote on 03 May 2009
Apology must be such as serving a large purpose, as a deterrent to those who treat the orders of the court with callous disregard or indifference. The ritualistic and formal apology in affidavit is not sufficient.—K.P. Isar & Sons (P) Ltd. V. K. Prathydhanan 1992 Cr LJ 2587
Prakash Yedhula
wrote on 03 May 2009
Where the unconditional apology is offered it has its due reflection on the question of punishment and it cannot completely absolute contempt.—1990 SCC (Cri) 626
Prakash Yedhula
wrote on 03 May 2009
The Supreme Court being the apex court and a superior court of record has power to determine its jurisdiction under article 129 of the Constitution and it has jurisdiction to initiate or entertain proceedings for contempt of subordinate courts.—Delhi Judicial Service Association v. State of Gujarat 1991 Cr LJ 3086
