Contempt Of Courts Act, 1952, India-legitquest

CONTEMPT OF COURTS ACT, 1952

Preamble - CONTEMPT OF COURTS ACT, 1952

THE CONTEMPT OF COURTS ACT, 1952

[Act No. 32 of 1952]

[14th March, 1952]

PREAMBLE

An Act to define and limit the powers of certain courts in punishing contempt's of courts.

BE it enacted by Parliament as follows:--

Section 1 - Short title and extent

(1) This Act may be called the Contempt of Courts Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section 2 - Definition

In this Act, "High Court" means the High Court for a Part A State or a Part B State, and includes the Court of the Judicial Commissioner in a Part C State.

Section 3 - Power of High Court to punish contempt's of subordinate courts

(1) Subject to the provisions of sub-section (2), 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's of courts subordinate to it as it has and exercises in respect of contempt's of itself.

(2) 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 (Act XLV of 1860).

Section 4 - Limit of punishment for contempt of court

Save as otherwise expressly provided by any law for the time being in force, 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:

Provided further that notwithstanding anything elsewhere contained in any law for the time being in force, no High Court shall impose a sentence in excess of that specified in this section for any contempt either in respect of itself or of a court, subordinate to it.

Section 5 - 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 units of its jurisdiction and whether the person alleged to be guilty of the contempt, is within or outside such limits.

Section 6 - Repeals and savings [REPEALED]

(1) The Contempt of Courts Act, 1926 (XII of 1926), and the enactments specified in the Schedule are hereby repealed.

(2) Section 6 of the General Clauses Act, 1897 (X of 1897), shall apply to the repeal of any of the laws specified in the Schedule as it applies to the repeal of the Contempt of Courts Act, 1926 (XII of 1926).

Schedule - THE SCHEDULE [REPEALED]

THE SCHEDULE

(See section 6)

	Short title and description of enactment	Extent of repeal
1.	The Contempt of Courts Act, IV of 1355F., as in force in the State of Hyderabad.	The whole.
2.	The Indore Contempt of Courts Act, No. V of 1930, as in force in the State of Madhya Bharat.	The whole.
3.	The Contempt of Courts Act, Gwalior State, Samvat 2001, as in force in the State of Madhya Bharat.	The whole.
4.	The Contempt of Courts Act, 1930 (XI of 1930) as in force in the State of Mysore.	The whole.
5.	The Contempt of Courts Act, S. 1991 (V of S. 1991), as in force in the Patiala and East Punjab States Union.	The whole.
6.	The Patiala and East Punjab States Union Judicature Ordinance, S. 2005 (X of S. 2005).	Section 33.
7.	The Contempt of Courts Act 1926 (XII of 1926), as in force in the State of Rajasthan before the commencement of this Act.	The whole.
8.	The Contempt of Courts Act, 1926 (XII of 1926), as in force in the State of Saurashtra before the commencement of this Act.	The whole.
9.	The High Court of Judicature Saurashtra State Ordinance, 1948 (Saurashtra Ordinance II of 1948).	Section 31.
10.	The Cochin Contempt of Courts Act, (XXXII of 1111), as in force in the State of Travancore-Cochin.	The whole.