Liability of Director, Manager, Secretary or other officer of the company

However, that person can be exempted from liability if such person proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission. In case the person found guilty of contempt of court in respect of any undertaking given to a court is a company, the person who at that time, was in charge of, and was responsible to, the company for the conduct of business of the company shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such person. An apology is not supposed to be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. The court is not supposed to impose a sentence for contempt of court in excess of what is prescribed under this section either in respect of itself or of a court subordinate to it.Īn accused may be discharged or the punishment awarded may be remitted on apology being made by the accused to the satisfaction of the court. However, in civil cases if the court considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that the he be detained in a civil prison for such period not exceeding six months as it may think fit.

Under Section 12 of Contempt of Court Act, 1971, a contempt of court can 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.

High Court and Supreme Court are bestowed with the power to punish for the contempt of the court. (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or (i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:

Contempt of court pdf