What Is Not Contempt: Sections 3 to 9 and Section 13

In one line

Seven statutory exceptions and one substantive limit, and together they are half of any good answer on contempt.

In exam wording: sections 3 to 9 of the Contempt of Courts Act 1971 provide that innocent publication, fair and accurate reporting, fair criticism of a decided case, a good faith complaint about a subordinate judge, and certain reporting of in camera proceedings are not contempt, while section 13 forbids a sentence unless the contempt substantially interferes with justice and permits justification by truth on two conditions.

Why the Act is full of exceptions

Because of what chapter [What Contempt of Court Is, and Where the Power Comes From] establishes. The power is inherent and constitutional, and the Act's purpose, on its own Statement of Objects and Reasons, was to cure a law that was uncertain, undefined and unsatisfactory in a field touching personal liberty and freedom of expression.

So Parliament could not narrow the power itself. What it could do, and did, was declare that certain things are not contempt and that certain sentences may not be passed. Sections 3 to 9 and section 13 are that work.

Section 3: innocent publication

Section 3(1): a person is not guilty of contempt on the ground that he published matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with a civil or criminal proceeding pending at the time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending.

Section 3(2): notwithstanding anything to the contrary in the Act or any other law, publication of such matter in connection with a proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court.

Section 3(3): a distributor is not guilty on the ground that he distributed a publication containing such matter, if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain such matter. A proviso withholds that protection for the distribution of a book or paper not printed or published in conformity with section 3 of the Press and Registration of Books Act 1867, or a newspaper published otherwise than in conformity with section 5 of that Act.

The Explanation is the important part and is examinable in its own right. A judicial proceeding is pending:

• in a civil proceeding, when it is instituted by the filing of a plaint or otherwise;
• in a criminal proceeding, where it relates to the commission of an offence, when the charge-sheet or challan is filed, or when the court issues summons or warrant against the accused; and in any other case, when the court takes cognizance of the matter;