274th Report - Review of Contempt of Court Act 1971 | Economic Survey & Government Reports - UPSC PDF Download

 Page 1


 
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.274 
 
 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
 
April 2018 
  
Page 2


 
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.274 
 
 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
 
April 2018 
  
ii 
  
Page 3


 
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.274 
 
 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
 
April 2018 
  
ii 
  
iii 
Report No. 274 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
Table of Contents     
Chapter Title Page 
I Introduction and Reference  
A. History of Contempt of Court in India 
B. Reference to the Commission 
1-7 
1-7 
7 
II Existing Provisions 
A. What is “contempt of court”? 
B. Constitutional Provisions 
i) Courts of Record and Power to Punish for 
Contempt 
ii) Law of Contempt vis-à-vis Article 19(1)(a)  
iii) Other Constitutional Provisions 
C. The Contempt of Courts Act, 1971 
D. The Code of Criminal Procedure, 1973  
E. Scope of Power 
F. Power of Parliament to Legislate on Contempt 
Jurisdiction 
8-26 
8-9 
9-14 
10 
 
12 
13 
15-19 
19-20 
20-24 
25-26 
III International Scenario 
A. Pakistan 
B. England and Wales  
C. United States of America 
27-39 
27-28 
29-30 
30-31 
IV Judicial Approach on Contempt 32-39 
V Criminal Contempt 
A. False Affidavit 
B. Ex Facie Contempt 
40-47 
42-44 
45-46 
Page 4


 
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.274 
 
 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
 
April 2018 
  
ii 
  
iii 
Report No. 274 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
Table of Contents     
Chapter Title Page 
I Introduction and Reference  
A. History of Contempt of Court in India 
B. Reference to the Commission 
1-7 
1-7 
7 
II Existing Provisions 
A. What is “contempt of court”? 
B. Constitutional Provisions 
i) Courts of Record and Power to Punish for 
Contempt 
ii) Law of Contempt vis-à-vis Article 19(1)(a)  
iii) Other Constitutional Provisions 
C. The Contempt of Courts Act, 1971 
D. The Code of Criminal Procedure, 1973  
E. Scope of Power 
F. Power of Parliament to Legislate on Contempt 
Jurisdiction 
8-26 
8-9 
9-14 
10 
 
12 
13 
15-19 
19-20 
20-24 
25-26 
III International Scenario 
A. Pakistan 
B. England and Wales  
C. United States of America 
27-39 
27-28 
29-30 
30-31 
IV Judicial Approach on Contempt 32-39 
V Criminal Contempt 
A. False Affidavit 
B. Ex Facie Contempt 
40-47 
42-44 
45-46 
iv 
C. Circumventing the Judgement / Order of the 
Court 
D. Misinterpretation of Court’s Proceedings 
46 
 
46-47 
VI What does not amount to contempt 
A. Judgement / Order – if capable of different 
interpretations 
B. Execution of Order Not Possible 
C. Order Difficult to Comply being Unclear in 
Terms 
D. Technical Contempt 
48-51 
49 
 
49-50 
50-51 
 
51 
VII Conclusions and Recommendation 52-57 
 Annexures 58-60 
 I. Annexure I: Statement showing Contempt 
Cases (Civil & Criminal) in High Courts 
from 1.07.2016 to 30.06.2017 
II. Annexure II: Statement showing 
Institution, Disposal and Pendency of the 
Cases relating to Civil & Criminal 
Contempt Cases in the Supreme Court of 
India as on 10.04.2018 
58-59 
 
 
60 
 List of Cases Cited and Discussed 61-67 
Page 5


 
  
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
Report No.274 
 
 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
 
April 2018 
  
ii 
  
iii 
Report No. 274 
Review of the Contempt of Courts Act, 1971 
(Limited to Section 2 of the Act) 
 
Table of Contents     
Chapter Title Page 
I Introduction and Reference  
A. History of Contempt of Court in India 
B. Reference to the Commission 
1-7 
1-7 
7 
II Existing Provisions 
A. What is “contempt of court”? 
B. Constitutional Provisions 
i) Courts of Record and Power to Punish for 
Contempt 
ii) Law of Contempt vis-à-vis Article 19(1)(a)  
iii) Other Constitutional Provisions 
C. The Contempt of Courts Act, 1971 
D. The Code of Criminal Procedure, 1973  
E. Scope of Power 
F. Power of Parliament to Legislate on Contempt 
Jurisdiction 
8-26 
8-9 
9-14 
10 
 
12 
13 
15-19 
19-20 
20-24 
25-26 
III International Scenario 
A. Pakistan 
B. England and Wales  
C. United States of America 
27-39 
27-28 
29-30 
30-31 
IV Judicial Approach on Contempt 32-39 
V Criminal Contempt 
A. False Affidavit 
B. Ex Facie Contempt 
40-47 
42-44 
45-46 
iv 
C. Circumventing the Judgement / Order of the 
Court 
D. Misinterpretation of Court’s Proceedings 
46 
 
46-47 
VI What does not amount to contempt 
A. Judgement / Order – if capable of different 
interpretations 
B. Execution of Order Not Possible 
C. Order Difficult to Comply being Unclear in 
Terms 
D. Technical Contempt 
48-51 
49 
 
49-50 
50-51 
 
51 
VII Conclusions and Recommendation 52-57 
 Annexures 58-60 
 I. Annexure I: Statement showing Contempt 
Cases (Civil & Criminal) in High Courts 
from 1.07.2016 to 30.06.2017 
II. Annexure II: Statement showing 
Institution, Disposal and Pendency of the 
Cases relating to Civil & Criminal 
Contempt Cases in the Supreme Court of 
India as on 10.04.2018 
58-59 
 
 
60 
 List of Cases Cited and Discussed 61-67 
Chapter – I 
INTRODUCTION 
 
A.  History of Contempt of Court in India  
 
1.1 The roots of contempt law in India can be traced back to 
the pre-independence period. The East India Company took over 
the territories in India, which required the King of England to 
issue the Charter of 1726 that provided for the establishment of 
a corporation in each Presidency Town. This Charter is 
considered to be an important landmark in the history of legal 
system in India as it introduced the English laws in the country. 
Mayor courts were constituted in each of the Presidency Towns 
and were made the Courts of Record, and authorised to decide all 
civil cases within the respective town and subordinate areas.
1
 
 
1.2 Subsequently, in the year 1774, the Mayor’s Court at 
Calcutta was replaced by the Supreme Court of Judicature at 
Fort William, Calcutta under the Regulating Act 1773. The 
Mayor’s Courts at Madras and Bombay were superseded by the 
Recorder’s Courts, which were also later abolished and replaced 
by the Supreme Courts under the Government of India Act, 1800. 
While the Supreme Court at Madras came into existence in the 
year 1801 by the Charter of 1800, the Supreme Court at Bombay 
came into existence in 1824 by the Charter of 1823. The 
Recorder’s Courts and Supreme Courts had the same powers in 
the matters of punishing for contempt as was exercised by the 
superior courts in England.
2
 The Supreme Courts were in turn 
                                                 
1
 See M P Jain, “Outlines of Indian Legal and Constitutional History” (Lexis 
Nexis; Sixth edition (2010). 
2
 Report of the Committee on Contempt of Courts, February 1963. Available 
at http://dspace.gipe.ac.in/xmlui/handle/10973/33748 (last accessed on 
April 16, 2018).