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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

1-7

A. History of Contempt of Court in India

1-7

B. Reference to the Commission

7

II

Existing Provisions

8-26

A. What is "contempt of court"?

8-9

B. Constitutional Provisions

9-14

i) Courts of Record and Power to Punish for Contempt

10

ii) Law of Contempt vis-à-vis Article 19(1)(a)

12

iii) Other Constitutional Provisions

13

C. The Contempt of Courts Act, 1971

15-19

D. The Code of Criminal Procedure, 1973

19-20

E. Scope of Power

20-24

F. Power of Parliament to Legislate on Contempt Jurisdiction

25-26

III

International Scenario

27-39

A. Pakistan

27-28

B. England and Wales

29-30

C. United States of America

30-31

IV

Judicial Approach on Contempt

32-39

V

Criminal Contempt

40-47

A. False Affidavit

42-44

B. Ex Facie Contempt

45-46

C. Circumventing the Judgement / Order of the Court

46

D. Misinterpretation of Court's Proceedings

46-47

VI

What does not amount to contempt

48-51

A. Judgement / Order - if capable of different interpretations

49

B. Execution of Order Not Possible

49-50

C. Order Difficult to Comply being Unclear in Terms

50-51

D. Technical Contempt

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

58-59

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

60

List of Cases Cited and Discussed

61-67



Review of the Contempt of Courts Act, 1971 Back




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