CONTEMPT
OF COURTS ACT, 1971
[Act No. 70
of Year 1971 dtd. 24th. December, 1971]
An Act
to define and limit the powers of certain courts in punishing
contempt of courts and to regulate their procedure in relation
thereto
Be it enacted
by Parliament in the Twenty-second Year of the Republic of India as
follows: -
1. Short title and
extent
(1) This Act
may be called the Contempt of Courts Act, 1971.
(2) It
extends to the whole of India:
PROVIDED that
it shall not apply to the State of Jammu and Kashmir except to the
extent to which the provisions of this Act relate to contempt of the
Supreme Court.
2. Definitions
In this Act,
unless the context otherwise requires-
(a) "contempt
of court" means civil contempt or criminal contempt;
(b) "civil
contempt" means wilful disobedience to any judgement, decree,
direction, order, writ or other process of a court or wilful breach
of an undertaking given to a court;
(c) "criminal
contempt" means the publication (whether by words, spoken or
written, or by signs, or by visible representation, or otherwise) of
any matter or the doing of any other act whatsoever which-
(i)
scandalises, or tends to scandalise, or lowers or tends to lower the
authority of, any court; or
(ii)
prejudices, or interferes or tends to interfere with, the due course
of any judicial proceeding; or
(iii) interferes or tends to interfere
with, or obstructs or tends to obstruct, the administration of
justice in any other manner;
(d) "High Court" means the High Court for
a State or a Union territory, and includes the court of the Judicial
Commissioner in any Union territory.
3. Innocent publication and
distribution of matter not contempt
(1) A person
shall not be guilty of contempt of court on the ground that he has
published (whether by words, spoken or written, or by signs, or by
visible representations, or otherwise) any matter which interferes
or tends to interfere with, or obstructs, or tends to obstruct, the
course of justice in connection with any civil or criminal
proceeding pending at that time of publication, if at that time he
had no reasonable grounds for believing that the proceeding was
pending.
(2)
Notwithstanding anything to the contrary contained in this Act or
any other law for the time being in force, the publication of any
such matter as is mentioned in sub-section (1) in connection with
any civil or criminal proceeding which is not pending at the time of
publication shall not be deemed to constitute contempt of
court.
(3) A person
shall not be guilty of contempt of court on the ground that he has
distributed a publication containing any such matter as is mentioned
in sub-section (1), if at the time of distribution he had no
reasonable grounds for believing that it contained or was likely to
contain any such matter as aforesaid :
PROVIDED that
this sub-section shall not apply in respect of the distribution
of-
(i) any
publication which is a book or paper printed or published otherwise
than in conformity with the rules contained in section 3 of the
Press and Registration of Books Act, 1867, (25 of 1867);
(ii) any
publication which is a newspaper published otherwise than in
conformity with the rules contained in section 5 of the said
Act.
Explanation: For the
purposes of this section, a judicial proceeding-
(a) is said
to be pending-
(A) in the
case of a civil proceeding, when it is instituted by the filing of a
plaint or otherwise,
(B) in the
case of a criminal proceeding under the Code of Criminal Procedure,
1898 (5 of 1898)1, or any other law-
(i) where it
relates to the commission of an offence, when the chargesheet or
challan is filed, or when the court issues summons or warrant, as
the case may be, against the accused, and
(ii) in any
other case, when the court takes cognizance of the matter to which
the proceeding relates, and
in the case
of a civil or criminal proceeding, shall be deemed to continue to be
pending until it is heard and finally decided, that is to say, in a
case where an appeal or revision is competent, until the appeal or
revision is heard and finally decided or, where no appeal or
revision is preferred, until the period of limitation prescribed for
such appeal or revision has expired.
(b) which has been heard and finally
decided shall not be deemed to be pending merely by reason of the
fact that proceedings for the execution of the decree, order or
sentence passed therein are pending.
4. Fair and accurate report of
judicial proceeding not contempt
Subject to
the provisions contained in section 7, a person shall not be guilty
of contempt of court for publishing a fair and accurate report of a
judicial proceeding or any stage thereof.
5. Fair criticism of judicial act
not contempt
A person
shall not be guilty of contempt of court for publishing any fair
comment on the merits of any case which has been heard and finally
decided.
6. Complaint against presiding
officers of subordinate courts when not contempt
A person
shall not be guilty of contempt of court in respect of any statement
made by him in good faith concerning the presiding officer of any
subordinate court to-
(a) any other
subordinate court, or
(b) the High
Court,
to which it
is subordinate.
Explanation: In this
section, "subordinate court" means any court subordinate to a High
Court.
7. Publication of information
relating to proceeding in chambers or in camera not contempt except
in certain cases
(1)
Notwithstanding anything contained in this Act, a person shall not
be guilty of contempt of court for publishing a fair and accurate
report of a judicial proceeding before any court sitting in chambers
or in camera except in the following cases, that is to say-
(a) where the
publication is contrary to the provisions of any enactment for the
time being in force;
(b) where the
court, on ground of public policy or in exercise of any power vested
in it, expressly prohibits the publication of all information
relating to the proceeding or of information of the description
which is published;
(c) where the
court sits in chambers or in camera for reason connected with public
order or the security of the State, the publication of information
relating to those proceedings;
(d) where the
information relates to a secret process, discovery or invention
which is an issue in proceedings.
(2) Without
prejudice to the provisions contained in sub-section (1), a person
shall not be guilty of contempt of court for publishing the text or
a fair and accurate summary of the whole or any part, of an order
made by a court sitting in chambers or in camera, unless the court
has expressly prohibited the publication thereof on grounds of
public policy, or for reasons connected with public order or the
security of the State, or on the ground that it contains information
relating to a secret process, discovery or invention, or in exercise
of any power vested in it.
8. Other defences not
affected
Nothing
contained in this Act shall be construed as implying that any other
defence which would have been a valid defence in any proceedings for
contempt of court has ceased to be available merely by reason of the
provisions of this Act.
9. Act not to imply enlargement
of scope of contempt
Nothing
contained in this Act shall be construed as implying that any
disobedience, breach, publication or other act is punishable as
contempt of court which would not be so punishable apart from this
Act.
10. Power of High Court to punish
contempt of subordinate courts
Every High
Court shall have and exercise the same jurisdiction, powers and
authority, in accordance with the same procedure and practice, in
respect of contempt of courts subordinate to it as it has and
exercises in respect of contempt of itself:
PROVIDED that
no High Court shall take cognizance of a contempt alleged to have
been committed in respect of a court subordinate to it where such
contempt is an offence punishable under the Indian Penal Code (45 of
1860).
11. Power of High Court to try
offences committed or offenders found outside
jurisdiction
A High Court
shall have jurisdiction to inquire into or try a contempt of itself
or of any court subordinate to it, whether the contempt is alleged
to have been committed within or outside the local limits of its
jurisdiction, and whether the person alleged to be guilty of
contempt is within or outside such limits.
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 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 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 company, 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
(b)
"director", in relation to a firm, means a partner in the firm.
13. Contempt 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.
14. Procedure where contempt is
in the face of the Supreme Court or a High Court
(1) When it
is alleged, or appears to the Supreme Court or the High Court upon
its own view, that a person has been guilty of contempt committed in
its presence or hearing, the court may cause such person to be
detained in custody, and, at any time before the rising of the
court, on the same day, or as early as possible thereafter,
shall-
(a) cause him
to be informed in writing of the contempt with which he is
charged;
(b) afford
him an opportunity to make his defence to the charge;
(c) after
taking such evidence as may be necessary or as may be offered by
such person and after hearing him, proceed, either forthwith or
after adjournment; to determine the matter of the charge; and
(d) make such
order for the punishment or discharge of such person as may be
just.
(2)
Notwithstanding anything contained in sub-section (1), where a
person charged with contempt under that sub-section applies, whether
orally or in writing, to have the charge against him tried by some
judge other than the judge or judges in whose presence or hearing
the offence is alleged to have been committed, and the court is of
opinion that it is practicable to do so and that in the interests of
proper administration of justice the application should be allowed,
it shall cause the matter to be placed, together with a statement of
the facts of the case, before the Chief justice for such directions
as he may think fit to issue as respects the trial thereof.
(3)
Notwithstanding anything contained in any other law, in any trial of
a person charged with contempt under sub-section (1) which is held,
in pursuance of a direction given under sub-section (2), by a judge
other than the judge or judges in whose presence or hearing the
offence is alleged to have been committed, it shall not be necessary
for the judge or judges in whose presence or hearing the offence is
alleged to have been committed to appear as a witness and the
statement placed before the Chief justice under sub-section (2)
shall be treated as evidence in the case.
(4) Pending
the determination of the charge, the court may direct that a person
charged with contempt under this section shall be detained in such
custody as it may specify:
PROVIDED that
he shall be released on bail, if a bond for such sum of money as the
court thinks sufficient is executed with or without sureties
conditioned that the person charged shall attend at the time and
place mentioned in the bond and shall continue to so attend until
otherwise directed by the court:
PROVIDED
FURTHER that the court may, if it thinks fit instead of taking bail
from such person, discharge him on his executing a bond without
sureties for his attendance as aforesaid.
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,
2[or]
2[(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.
16. Contempt by judge, magistrate
or other person acting judicially
(1) Subject
to the provisions of any law for the time being in force, a judge,
magistrate or other person acting judicially shall also be liable
for contempt of his own court or of any other court in the same
manner as any other individual is liable and the provisions of this
Act shall, so far as may be, apply accordingly.
(2) Nothing
in this section shall apply to any observation or remarks made by a
judge, magistrate or other person acting judicially, regarding a
subordinate court in an appeal or revision pending before such
judge, magistrate or other person against the order or judgement of
the subordinate court.
17. Procedure after
cognizance
(1) Notice of
every proceeding under section l5 shall be served personally on the
person charged, unless the court for reasons to be recorded directs
otherwise.
(2) The
notice shall be accompanied-
(a) in the
case of proceedings commenced on a motion, by a copy of the motion
as also copies of the affidavits, if any, on which such motion is
founded; and
(b) in case
of proceedings commenced on a reference by a subordinate court, by a
copy of the reference.
(3) The court
may, if it is satisfied that a person charged under section 15 is
likely to abscond or keep out of the way to avoid service of the
notice, order the attachment of his property of such value or amount
as it may deem reasonable.
(4) Every
attachment under sub-section (3) shall be effected in the manner
provided in the Code of Civil Procedure, 1908 (5 of
1908)1, for the attachment of property in execution of a
decree for payment of a money, and if, after such attachment, the
person charged appears and shows to the satisfaction of the court
that he did not abscond or keep out of the way to avoid service of
the notice, the court shall order the release of his property from
attachment upon such terms as to costs or otherwise as it may think
fit.
(5) Any person charged with contempt
under section 15 may file an affidavit in support of the defence,
and the court may determine the matter of the charge either on the
affidavits filed or after taking such further evidence as may be
necessary, and pass such order as the justice of the case
requires.
Comment: Once the act, which prima facie
shows that contempt of the court has been committed, is brought to
the notice of the court, it is the court which has to decide whether
the contempt has been committed or not or whether it is appropriate
to take action or at a later date whether to drop the proceedings.
The matter is primarily between the court and ,the contemnor. Shri
Amrit Nahata v. Union of India AIR 1986 SUPREME COURT 791
18. Hearing of cases of criminal
contempt to be by Benches
(1) Every
case of criminal contempt under section 15 shall be heard and
determined by a Bench of not less than two judges.
(2)
Sub-section (1) shall not apply to the Court of a Judicial
Commissioner.
19. Appeals
(1) An appeal
shall lie as of right from any order or decision of the High Court
in the exercise of its jurisdiction to punish for contempt-
(a) where the
order or decision is that of a single judge, to a Bench of not less
than two judges of the court;
(b) where the
order or decision is that of a Bench, to the Supreme Court:
PROVIDED that
where the order or decision is that of the Court of the Judicial
Commissioner in any Union territory, such appeal shall lie to the
Supreme Court
(2) Pending
any appeal, the appellate court may order that-
(a) the
execution of the punishment or order appealed against be
suspended;
(b) if the
appellant is in confinement, he be released on bail; and
(c) the
appeal be heard notwithstanding that the appellant has not purged
his contempt.
(3) Where any
person aggrieved by any order against which an appeal may be filed
satisfies the High Court that he intends to prefer an appeal, the
High Court may also exercise all or any of the powers conferred by
sub-section (2).
(4) An appeal
under sub-section (1) shall be filed-
(a) in the
case of an appeal to a Bench of the High Court, within thirty
days;
(b) in the
case of an appeal to the Supreme Court, within sixty days, from the
date of the order appealed against.
20. Limitation for actions for
contempt
No court
shall initiate any proceedings of contempt, either on its own motion
or otherwise, after the expiry of a period of one year from the date
on which the contempt is alleged to have been committed.
21. Act not to apply to Nyaya
Panchayats or other village courts
Nothing
contained in this Act shall apply in relation to contempt of Nyaya
Panchayats or other villages courts, by whatever name known, for the
administration of justice, established under any law.
22. Act to be in addition to, and
not in derogation of, other laws relating to contempt
The
provisions of this Act shall be in addition to, and not in
derogation of the provisions of any other law relating to contempt
of courts.
23. Power of Supreme Court and
High Courts to make rules
The Supreme
Court or, as may be, any High Court, may make rules, not
inconsistent with the provisions of this Act, providing for any
matter relating to its procedure.
24. Repeal
The Contempt
of Courts Act, 1952 (32 of 1952), is hereby repealed.
RULES TO REGULATE PROCEEDINGS FOR
CONTEMPT OF SUPREME COURT, 1975
GSR 142- In
exercise of the powers under section 23 of the Contempt of Courts
Act, 1971 read with article 145 of the Constitution of India and all
other powers enabling it in this behalf, the Supreme Court hereby
makes, with the approval of the President, the following rules:
-
1.
(1) These
Rules may be called the Rules to Regulate Proceedings for Contempt
of the Supreme Court, 1975.
(2) They
shall come into force on the date of their publication in the
Official Gazette.1
PART I
2.
(1) Where
contempt is committed in view or presence or hearing of the Court,
the contemner may be punished by the Court before which it is
committed either forthwith or on such date as may be appointed by
the Court in that behalf.
(2) Pending
the determination of the charge, the Court may direct that the
contemner shall be detained in such custody as it may specify:
PROVIDED that
the contemner may released on bail on such terms as the Court may
direct.
PART II
3.
In case of
contempt other than the contempt referred to in rule 2, the Court
may take action:
(a) suo motu, or
(b) on a petition made by Attorney
General, or Solicitor General, or
(c) on a petition made by any person, and
in the case of a criminal contempt with the consent in writing of
the Attorney General or the Solicitor General.
4.
(a) Every petition under rule 3(b) or (c)
shall contain:-
(i) the name,
description and place of residence of the petitioner or petitioners
and of the persons charged;
(ii) nature
of the contempt alleged, and such material facts, including the date
or dates of commission of the alleged contempt, as may be necessary
for the proper determination of the case;
(iii) if a
petition has previously been made by him on the same facts, the
petitioner shall give the details of the petition previously made
and shall also indicate the result thereof;
(b) The
petition shall be supported by an affidavit.
(c) Whether
the petitioner relies upon a document or documents in his possession
or power, he shall file such document or documents or true copies
thereof with the petition.
(d) No court
fee shall be payable on the petition, and on any documents filed in
the proceedings.
5.
Every
petition under rule 3(b) and (c) shall be posted before the Court
for preliminary hearing and for orders as to issue of notice. Upon
such hearing, the Court if satisfied that no prima facie case has
been made out for issue of notice, may dismiss the petition, and, if
not so satisfied direct that notice of the petition be issued to the
contemner.
6.
(1) Notice to
the person charged shall be in Form I. The person charged shall,
unless otherwise ordered, appear in person before the Court as
directed on the date fixed for hearing of the proceeding, and shall
continue to remain present during hearing till the proceeding is
finally disposed of by order of the Court.
(2) When
action is instituted on petition, a copy of the petition along with
the annexure and affidavits shall be served upon the person
charged.
7.
The person charged may file his reply
duly supported by an affidavit or affidavits.
8.
No further affidavit or document shall be
filed except with the leave of the Court.
9.
Unless otherwise ordered by the Court,
seven copies of the Paper Book shall be prepared in the Registry,
one for the petitioner, one for the opposite party and the remaining
for the use of the Court. The Paper Book in the case shall be
prepared at the expense of the Central Government and shall consist
of the following documents:-
(i) Petition
and affidavits filed by the petitioner.
(ii) A copy
of, or a statement relating to, the objectionable matter
constituting the alleged contempt.
(iii) Reply
and affidavit of the opposite party.
(iv)
Documents filed by the parties.
(v) Any other
document which the Registrar may deem fit to include.
10.
The Court may
direct the Attorney–General or Solicitor-General to appear and
assist the Court.
11.
(1) The Court may, if it has reason to
believe, that the person charged is absconding or is otherwise
evading service of notice, or if he fails to appear in person or to
continue to remain present in person in pursuance of the notice,
direct a warrant bailable or non-bailable for his arrest, addressed
to one or more police officers or may order attachment of property.
The warrant shall be issued under the signature of the Registrar.
The warrant shall be in Form II and shall be executed, as far as may
be in the manner provided for execution of warrants under the Code
of Criminal Procedure.
(2) The warrant shall be executed by the
officer or officers to whom it is directed, and may also be executed
by any other police officer whose name is endorsed upon the warrant
by whom it is directed or endorsed.
(3) Where a warrant is to be executed
outside the Union Territory of Delhi, the Court may instead of
directing such warrant to police officer, forward it to the
Magistrate of the District or the Superintendent of Police or
Commissioner of Police of the district within which the person
charged is believed to be residing. The Magistrate or the police
office to whom the warrant is forwarded shall endorse his name
thereon, and cause it to be executed.
(4) Every person who is arrested and
detained shall be produced before the nearest Magistrate within a
period of twenty-four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the Court of
the Magistrate, and no such person shall be detained in custody
beyond the said period without the authority of a Magistrate.
12.
The Court may, either suo motu, or on
motion made for that purpose, order the attendance for
cross-examination, of a person whose affidavit has been filed in the
matter.
13.
The Court may make orders for the purpose
of securing the attendance of any person to be examined as a witness
and for discovery of production of any document.
14.
The Court may pass such orders as it
thinks fit including orders as to costs which may be recovered as if
the order were a decree of the Court.
15.
Save as otherwise provided by the rules
contained herein, the provisions of the Supreme Court Rules, 1966,
shall, so far as may be, apply to proceedings in relation to
proceedings in contempt under this part.
PART III
16.
Where a
person charged with contempt is adjudged guilty and is sentenced to
suffer imprisonment, a warrant of commitment and detention shall be
made out in Form IV under the signature of the Registrar. Every such
warrant shall remain in force until it is cancelled by order of the
Court or until is executed. The Superintendent of the Jail shall in
pursuance of the order receive the person so adjudged and detain him
in custody for the period specified therein, or until further
orders.
FORM I: NOTICE TO A
PERSON CHARGED WITH CONTEMPT OF COURT
[Rule 6]
IN THE SUPREME COURT OF INDIA
(Original Jurisdiction)
Whereas your
attendance is necessary to answer a charge of Contempt of Court by
(here briefly state nature of the contempt).
You are
hereby required to appear in person (or by Advocate if the Court has
so ordered) before this Court at New Delhi on the
...................... day of .............19 .......at 10.30
o'clock in the forenoon.
You shall attend the Court in person* on
the .........day of........... 19...... and shall continue to attend
the Court on all days thereafter to which the case against you
stands adjourned and until final orders are passed on the charge
against you.
Herein fail
not.
Dated this
.......... day of ........... 19 .......
(SEAL)
REGISTRAR
*To be
omitted where the person charged is allowed or ordered to appear by
Advocate.
FORM II : WARRANT OF
ARREST
[Rule II]
IN THE SUPREME COURT OF INDIA
(Original Jurisdiction)
To
(Name and designation of the person or
persons who is or are to execute the warrant)
Whereas ................. of
................. is charged with committing contempt of this Court,
you are hereby directed to arrest the said ..............and to
produce him before this Court on the ...............day of
.............. 19 ....... at 10.30 o'clock in the forenoon.
Herein fail not.
(If the Court has issued a bailable
warrant, the following endorsement shall be made on the
warrant)
If the said ..............shall give bail
in the sum of Rs ............with one surety in the sum of
Rs........(or two sureties each in the sum of Rs ................ )
to attend before this Court on the .................day of
............19............., at 10.30 o'clock in the forenoon and to
continue so to attend until otherwise directed by this Court, he may
be released.
(SEAL)
REGISTRAR
FORM III : BOND AND
BAIL-BONDS AFTER ARREST UNDER A WARRANT IN THE SUPREME COURT OF
INDIA
(Original Jurisdiction)
I, .......... (name) of ........... being
brought before the District Magistrate of ........... (or as the
case may be) under a warrant issued to compel my appearance to
answer to the charge of contempt of the Supreme Court do hereby bind
myself to attend the Supreme Court on the .......... day of
.......... next, to answer to the said charge, and to continue so to
attend, until, otherwise directed by the Supreme Court, and in case
of my making default herein, I bind myself to forfeit to Union of
India, the sum of rupees .......................
Dated this ................. day of
................ 19 ..............
(SIGNATURE)
I do hereby declare myself surety for the
above named of ............ that he shall attend before....... in
the Supreme Court on the .............. day of ............. next,
to answer to the charge on which he has been arrested, and shall
continues so to attend until otherwise directed by the Supreme
Court, and, in case of his making default therein, I bind myself to
forfeit to Union of India, the sum of rupees
.......................
Dated this ..............day of
............ 19 ...............
(SIGNATURE)
FORM IV : WARRANT OF
COMMITMENT FOR CONTEMPT
[Rule 16]
IN THE SUPREME COURT OF INDIA
(Original Jurisdiction)
To the Superintendent (or Keeper) of the
Jail at ....................
Where as at the Court holden on this day
(name and description of the contemner) has been adjudged by the
Court guilty of wilful contempt of Court, and he has been sentenced
to suffer imprisonment for the period .........................(here
specify the term) and / or to pay a fine of rupees
...............
This is to
authorise and require you, the Superintendent (or Keeper) of the
said Jail, to receive the said (name of the contemner) into your
custody, together with this warrant, and him safely to keep in the
said Jail for the said period of (term of imprisonment) or for such
shorter period as may hereafter be fixed by order of this Court and
intimated to you. You are directed to return this warrant with an
endorsement certifying the manner of its execution.
You are
further directed that while the said .................. is in your
custody, produce the said .................before the Court, at all
times when the Court shall so direct.
Given under
my hand and the seal of the Court, this .............. day of
.......... 19...........
(SEAL)
REGISTRAR