Contempt Procedure: Sections 14, 15, 17, 18 and 20

That sub-section is the answer to the standing objection that a judge who was insulted should not try the insult, and a good answer mentions it.

Section 15: cognizance in other cases

Section 15(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; or
• (c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the Central Government may by notification specify, or any other person with the consent in writing of such Law Officer.

Section 15(2) is the subordinate-court route, dealt with in chapter [Contempt of Subordinate Courts: Sections 10, 11 and Section 15(2)]: a reference by the subordinate court or a motion by the Advocate-General.

Section 15(3): every motion or reference shall specify the contempt of which the person charged is alleged to be guilty.

The Explanation defines "Advocate-General": in relation to the Supreme Court, the Attorney-General or the Solicitor-General; in relation to a High Court, the Advocate-General of the State or any of the States for which the High Court has been established; and in relation to the court of a Judicial Commissioner, the specified Law Officer.

Why the consent requirement matters. A private person cannot set the machinery of criminal contempt in motion by himself. He needs the written consent of the Advocate-General, or he must persuade the court to act suo motu. The filter exists because the offence is wide and the temptation to use it in private quarrels is obvious.

P.N. Duda v. V.P. Shiv Shankar, AIR 1988 SC 1208, (1988) 3 SCC 167, decided 15 April 1988 by Sabyasachi Mukharji J, is the case on this. A petition sought to have a Union Minister proceeded against for contempt over a speech about the Supreme Court, and it had not been moved with the consent in writing of the Attorney-General or Solicitor-General. The Court dealt both with the requirement of consent under section 15 and with the width of legitimate criticism, holding that the administration of justice and judges are open to public criticism and that the path of criticism is a public way.

Section 17: procedure after cognizance

Section 17(1): notice of every proceeding under section 15 shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise.

Section 17(2): the notice shall be accompanied, in proceedings commenced on a motion, by a copy of the motion and of the affidavits on which it is founded; and in proceedings commenced on a reference by a subordinate court, by a copy of the reference.

Section 17(3): where the Court is satisfied that a person charged under section 15 is likely to abscond or keep out of the way to avoid service, it may order the attachment of his property of such value as it deems reasonable.

Section 17(4): such attachment is effected in the manner provided by the Code of Civil Procedure 1908 for attachment in execution of a money decree; and if, after attachment, the person appears and satisfies the Court that he did not abscond or keep out of the way, the Court shall order the release of his property on such terms as to costs as it thinks fit.

Section 17(5): the person charged may file an affidavit in support of his defence, and the Court may determine the matter 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.

Section 18: two judges

Section 18(1): "Every case of criminal contempt under section 15 shall be heard and determined by a Bench of not less than two judges."

Section 18(2): this does not apply to the Court of a Judicial Commissioner.

A short and important provision. Criminal contempt under section 15 cannot be heard by a single judge. Note the limits of the rule: it applies to criminal contempt and to proceedings under section 15, so a civil contempt, and a contempt in the face of the court under section 14, are outside it.

Section 20: limitation

Section 20: "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."

Three points.

It bars initiation, not the eventual decision. A proceeding validly initiated may take longer than a year.

It applies to a suo motu proceeding as much as to a motion. "Either on its own motion or otherwise".

The year runs from the date the contempt is alleged to have been committed.

When is a proceeding "initiated"? That is the question in Pallav Sheth v. Custodian, AIR 2001 SC 2763, decided 10 August 2001 by Brijesh Kumar and Ruma Pal JJ, in which the Court examined when the one-year period under section 20 begins to run and what amounts to initiation for that purpose, and considered how far the inherent power of a court of record is affected by the section. It is the case to cite whenever a contempt is said to be time-barred.

Section 23: rules

Section 23: the Supreme Court, or as the case may be any High Court, may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure.

So the detail of how a contempt petition is presented is in each court's own rules, made under section 23.

The two procedures compared

A worked example

Four situations.

One. An advocate abuses a High Court judge in open court. Section 14: contempt in the presence or hearing of the Court. The Court may detain him, and shall, before rising that day or as soon as possible, inform him in writing of the charge, afford him an opportunity to defend, take evidence, hear him, determine the charge and make an order. If he applies to be tried by another judge and the Court thinks it practicable and in the interest of proper administration of justice, section 14(2) sends the matter to the Chief Justice.

Two. A magazine publishes an article scandalising the High Court. Section 15(1): the Court may act suo motu, or on a motion by the Advocate-General, or on a motion by any other person with his written consent. A private citizen cannot simply file it. Section 15(3) requires the motion to specify the contempt. Section 17 governs notice, and section 18 requires a Bench of not less than two judges.

Three. A person threatens a witness in a Magistrate's court. Criminal contempt of a subordinate court, so section 15(2): a reference by that court or a motion by the Advocate-General, and the High Court exercises the jurisdiction under section 10.

Four. The article in situation two was published two years ago. Section 20 bars any court from initiating proceedings after one year from the date the contempt is alleged to have been committed, whether on its own motion or otherwise, and Pallav Sheth is the authority on when the period begins and what amounts to initiation.

Change one fact in situation two. Suppose the Advocate-General refuses consent and the citizen files anyway. The petition is not maintainable as a motion under section 15(1)(b); his only course is to place the material before the Court and invite it to act on its own motion, which is a matter for the Court. That is the situation P.N. Duda addressed.

What beginners get wrong

Section 14 is not available for everything that happens in a courtroom. It is for contempt in the presence or hearing of the Supreme Court or a High Court.

A private person needs the Advocate-General's written consent under section 15(1)(b).

Section 15(3) requires the contempt to be specified.

Section 18 requires two judges for criminal contempt under section 15, and not for section 14 or for civil contempt.

Section 20 bars initiation, not conclusion.

Section 14(2) exists, so the objection that the insulted judge should not try the case has a statutory answer.

Quick revision

• Section 14: contempt in the presence or hearing of the Supreme Court or a High Court. The Court may detain; and shall, before rising the same day or as early as possible, (a) inform him in writing of the charge, (b) afford an opportunity to defend, (c) take evidence and hear him and determine the charge forthwith or after adjournment, and (d) make an order of punishment or discharge. Section 14(2): on application, and where practicable and in the interest of proper administration of justice, the matter goes to the Chief Justice to be tried by another judge.
• Section 15(1): for other criminal contempt, the Court acts suo motu, on the Advocate-General's motion, or on any person's motion with his consent in writing; for Delhi, the specified Law Officer. Section 15(2): subordinate courts, by reference or the Advocate-General's motion. Section 15(3): the motion or reference shall specify the contempt. Explanation: for the Supreme Court, Advocate-General means the Attorney-General or Solicitor-General.
• Section 17: personal service unless otherwise directed for reasons recorded; notice accompanied by the motion and affidavits or the reference; attachment of property where the person is likely to abscond, effected as under the CPC, with release on his appearing and satisfying the Court; and the person may file an affidavit, the Court determining the matter on affidavits or on further evidence.
• Section 18: criminal contempt under section 15 is heard by a Bench of not less than two judges; not applicable to a Judicial Commissioner's Court.
• Section 20: no initiation after one year from the date the contempt is alleged to have been committed, on its own motion or otherwise. Pallav Sheth v. Custodian on when the period runs and what amounts to initiation.
• Section 23: the Supreme Court and High Courts may make rules on procedure, not inconsistent with the Act.
• P.N. Duda: the consent requirement, and that the administration of justice and judges are open to public criticism, the path of criticism being a public way.

Test yourself

1. Which procedure applies to contempt committed in front of the judge, and what must the Court do? Section 14. The Court may cause the person to be detained, and shall, at any time before rising on the same day or as early as possible thereafter, inform him in writing of the contempt charged, afford him an opportunity to make his defence, take such evidence as is necessary or offered and hear him before determining the charge, and make such order for punishment or discharge as may be just.

2. Can a person insulted before one judge insist on being tried by another? He may apply, orally or in writing, under section 14(2). Where the Court is of opinion that it is practicable and that in the interest of proper administration of justice the application should be allowed, it causes the matter to be placed before the Chief Justice with a statement of facts, and the charge is tried by such judge as the Chief Justice thinks fit.

3. Who may move the High Court for criminal contempt of itself? The Court may act on its own motion, or on a motion by the Advocate-General, or on a motion by any other person with the consent in writing of the Advocate-General; and for the High Court for the Union territory of Delhi, by the Law Officer the Central Government specifies or any other person with his written consent.

4. Must a criminal contempt under section 15 be heard by more than one judge? Yes. Section 18(1) requires every case of criminal contempt under section 15 to be heard and determined by a Bench of not less than two judges, except in the Court of a Judicial Commissioner.

5. What is the period of limitation, and what does it bar? One year from the date on which the contempt is alleged to have been committed, and it bars the initiation of proceedings, whether on the court's own motion or otherwise, under section 20. A proceeding validly initiated is not defeated by taking longer than a year. Pallav Sheth v. Custodian examines when the period begins and what amounts to initiation.

6. What steps does section 17 provide if the person charged tries to avoid service? Where the Court is satisfied he is likely to abscond or keep out of the way to avoid service, it may order attachment of his property of such value as it deems reasonable, effected in the manner provided by the Code of Civil Procedure for attachment in execution of a money decree; and if he then appears and satisfies the Court that he did not abscond, the Court shall order release of the property on such terms as to costs as it thinks fit.