Procedure in certain cases of contempt
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Summary
When an offence listed earlier is committed in the view or presence of a civil, criminal or revenue Court, the Court may detain the person and take cognizance the same day before rising. After giving a reasonable chance to show cause, the Court may impose a fine up to Rs 1,000, and if the fine is not paid order simple imprisonment up to one month. The Court must record the facts, any statement, the finding and sentence, and for interruptions note the stage and nature of the proceeding.
Example
Priya stands up during a landlord-tenant hearing and loudly insults the Court. The judge detains her, hears her explanation the same day, and under this procedure fines her Rs 800. If Priya cannot pay, the Court may order simple imprisonment for up to one month. The Court records what happened, her statement, and the finding and sentence.
Bare Act
Enacted text(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023, the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
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