Procedure in certain cases of contempt
AI Assist
Summary
When certain offences occur in the view or presence of a civil, criminal or revenue court, the court may detain the person and take cognizance of the matter before rising the same day. After giving a reasonable opportunity to show cause, the court may impose a fine up to Rs 200 or, if the fine is not paid, sentence to simple imprisonment up to one month. The court must record the facts, any statement by the offender, its finding and the sentence; for insults or interruptions it must also note the stage of the proceeding and the nature of the interruption.
Example
Priya shouts at the judge during a revenue court hearing. The court detains her, hears her explanation before rising that day, and may fine her up to Rs 200 or, if she cannot pay, sentence her to simple imprisonment up to one month. The court records what happened, her statement, its finding and the sentence.
Bare Act
Enacted text(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) 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 two hundred 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 facts 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 228 of the Indian Penal Code (45 of 1860), 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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