Contempt of Courts (Patna High Court) Rules, 1971

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... ontempt of Courts (Patna

High Court) Rules
U nder the Con tempt of Cour rs Ac (, H)7 I
(Act 70 of 1971)
c· 1. (1) These Rules shall be called the Contempt of Courts (Patna High Court)
Rules.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. In these Rules unless there is anything repugnant to the subject or context:

(a) 'Act' means the Contempt of Courts Act, 1971 (Act 70 of 1971)
(b) 'High Court' means the High Court of Judicature at Patna.
(c) 'Judge'means Judge of the High Court of Judicature at Patna
(d) 'Subordinate Court' means any court subordinate to the High Court of
Judicature at Patna.
(e) 'Registrar' means the Registrar of the High Court of Judicature at
Patna.
[Words "and includes Additional Registrar, Ranchi Bench" deleted
byC.S. No. 124 dated 13.3.2001.}
(f) All other words and expressions used in these Rules, but not defined
therein, shall have the meanings respectively aSsigned, to them in the Act.
3. (i) Every petition for initiating a proceeding for civil contempt within the
meaning of the Act shall be registered as Miscellaneous Judicial Case whereas
petitions for initiating proceedings for criminal contempts shall be registered as
Original Criminal Miscellaneous Cases.
(ii) In every such petition the State of Bihar shall be made a respondent.
(iii) Every such petition shall contain-

(a) Name, description and place of residence of the petitioners and of
person or persons charged;
(b) Nature of the comtempt alleged and such material facts, including the
date or dates of the commission of the alleged contempt, as may be
necessary for proper determination of the case.
(c) If a petition has previously been made by him on the same facts, the
petitioner shall give the details of the petition previously made and
shall also indicate the result thereof.
(iv) The petition shall be supported by an affidavit.
(v) Where the petitioner relies upon a document or documents in his possession
or power, he shall file such document or documents or true copies thereof with the
petition ..
(vi) No court- fee shall be payable on the petition, and on any document filed in
the proceeding.
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- 4. A petition for civil contempt as well as for criminal contempt shall be filed .'
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'[at the Centralisec:j filing Counter] of the High Court.
5. Every motion made by the Advocate-General under Section 15 of the Act
shall state the allegations of the facts and the view of the motion maker that in
relation to those facts contempt appears to have been committed of which the court
should take cognizance and take further action. The motion should contain sufficient
material to indicate why the Advocate-General is inclined to move the Court.
6. Every petition for initiating a contempt proceeding shall be posted before a
Bench of the Court for preliminary hearing and for orders as to issue of notices,
except petitions in respect of civil contempt which relates to orders or directions
passed by a Judge of this Court which shall be listed for preliminary hearing and
orders as to issue of notice before a Judge of this Court. Upon such preliminary
hearing the Court if satisfied that no prima facie case has been made out for issue of
notice, may dismiss the petition, and if not so satisfied: direct that notice of the
petition be issued to the contemner.
7. (i) Thenotice to the person charged shall be issued in Form 1. when action :1
is instituted on a petition, a copy of the petition along with annexures and affidavits -
shall be served upon the person charged.
(ii) The person charged may file his reply show cause duly supported by an
affidavit or affidavits.
(iii) The person charged shall, unless otherwise ordered, appear in person
before the Court as directed on the date fixed for hearing of the proceeding, and shall
continue to remain present during the hearing till the proceeding is finally disposed of
by the order of the Court.
8. The Court may direct the Advocate General or any other State Counsel to
appear and assist the Court.
9. The Court may in appropriate cases before initiating proceeding for contempt
against the contemner, issue notices to such contemner directing him to show
cause as to why a proceeding for contempt be not initiated against him. In such
cases, it shall not be necessary for the alleged contemner to be present in Court and
question of initiating a proceeding for contempt shall be considered on the basis of
the show cause filed.
10. The notice of every proceeding for contempt shall be served personally on
the person charged unless the Court, for the reasons recorded, direct otherwise. In
that event the service may be effected by alternative form of service authorised by
the Code of Civil Procedure or Code of Criminal Procedure, as the case may be.
11. (i) The Court may, if it has reason to believe, that the person charged is
absconding or is otherwise evading service of notice, or if he fails to appear in
person or to continue to remain present in person in pursuance of the notice, direct
1. Subs. by C.S. No. 114 dated 30.9.1996.

warrant bailable or non-bailable for his arrest, addressed to one or more police
rs and may order attachment of property. The warrant and the writ of attachment
all be issued under the signature of the Registrar. The warrant shall be in Form"
shall be executed, as far as may be in the manner provided for execution of
rrants under the Code of Criminal Procedure.
: (ii) The warrant shall be executed by the officer or officers to whom it is
.."irected, and may also be executed by any other police officer whose name is
dorsed upon the warrant by the officer to whom it is directed or endorsed.
(iii) every person who is arrested and detained shall be produced before the
.'. arest Magistrate within a period of twenty-four hours of such arrest excluding the
time necessary for the t journey from the place of arrest to the Court of the
Magistrate, who shall authorise detention for the period till such person is produced
before the High Court.
(iv) Every person who is arrested and detained when produced before the High
Court, shall be released on bail if a bond for such sum of money as the Court thinks
sufficient is executed with or without sureties, with condition that the person charged
shall attend at the time and place mentioned in the bond and shall continue to so
.' attend until otherwise directed by the Court.
Provided further that the Court may if it thinks fit, instead of taking bail from
such person, shall release him on his execution of a bond without sureties for his
attendance as aforesaid or without executing any such bond. The provisions of the
Code of Criminal Procedure, 1973 shall, so far as may be, apply to all the bonds
executed under the Rules.
12. If it appears to the Court that an enquiry should be held in which witnesses
have to be examined, the court may make order for purpose of securing the
attendance of any person to be examined as a witness and for discovery or
production of any document.
13. The Court may pass such order as it thinks fit consistent with the
provisions of the Act.
14. Where contempt is committed in the presence of Court, or during the
hearing of a case by the Court, the proceeding initiated for such contempt shall be
conducted in accordance with the procedure prescribed by Section 14 of the Act.
15. (i) Reference under Section 15 (2) of the Act may be made by a
subordinate court either suo motu or on application received by it.
(ii) Before making a reference the subordinate court shall hold a preliminary
enquiry by issuing a show cause notice accompanied by copies of the relevant
documents, if any, to the contemner and after hearing him the subordinate court
shall write a concise reasoned order of reference indicating why contempt appears
to have been committed.
(4)
--i,
16. The Patna High Court Rules which are not inconsistent with the provisio~s -
of these Rules mutatis mutandis shall apply to the proceedings in the High Court.
17. Where a person charged with contempt is adjudged guilty and is sentenced
to suffer imprisonment, a warrant of commitment and detention shall be made out in
Form IU under the signature of the Registrar. Every such warrant shall remain in
force uritil it is cancelled by order of the Court or until it is executed. The
Superintendent of the Jail shall in pursuance of the order receive the person so.
adjudged and detain him in custody for the period specfied therein, or untilfurther orders.
a.
1 Appeal.- The appeal presented to the Court against the decision of a
Single Judge under Section 19(1)(a) ot the Act shall be filed in accordance with the
Patna High Court Rules meant for Letters Patent Appeals and such appeal shall be
placed before a Division Bench for admission and hearing. After admissionof the
appeal, the provisions regarding issuance of notice, and preparation of paper book
shall be governed by the Patna High Court Rules meant for Letters Patent Appeals.
19. The provisions of the Code of Criminal Procedure, 1973, which are not
inconsistent with the provisions of the Act and these Rules, shall be applicable to.
enforce and execute the orders passed by the High Court in proceedings for contempt.
FORM-I
Notice to a person charged with contempt of Court
(See Rule 7)
In the High Court of Judicature at Patna.
Whereas your attendance is necessary to answer a charge of Contempt of
Court by (here briefly state nature of the contempt).
You are hereby required to appear in person (or by Advocate if the Court has so.
ordered) before this Court at Patna on the day of 20.
* You shall attend the court in person on the day of 20 , and shall
continue to attend the court on all days thereafter to which the case against you
stands adjourned and until final orders are passed on the charge against you.
Herein fail not.
Dated this day of 20 .
(SEAL) Registrar.
FORM II
Warrant of Arrest
(See Rule 11)
To
(Name and designation of the person or persons who is or are to execute the
warrant.)
* To be omitted where the person charged is allowed or ordered to appear by advocate.
·'
U5)
Whereas of is charged with committing contempt of this Court, you are

hereby directed to arrest the said and to produce him before this Court.
Herein fail not
(If the Court has issued a bailablewarrant, the following endorsement
shall be made on the warrant.)
If the said shall give bail in the sum of Rs with one surety in
the sum of Rs (or two sureties each in the sum of Rs ) to attend
before this Court on the day of 20, and to continue so to attend until
otherwise directed by this Court, he may be released.
Dated this day of 20
(SEAL) Registrar.
FORM III
Warrant of commitment for contempt.
(See-Rule17)
To the Superintendent of the Jail at... .
Whereas at the Court holden on this day (name and description of the
contemner)has been adjudged by the Court guilty of willful contempt of Court, and
he has been sentenced to suffer imprisonmentfor the period.....(here specify the
term)/ and/or to pay a fine of rupee .
This is to authorise and require you, the Superinte'ndentof the said Jail, to
receive the said (name of the contemner) into your custody, together with this
warrant, and him safely to keep in the said Jail for the said period of (term of
imprisonment)or for such shorter period as may hereafter be fixed by order of this
Courtand intimatedto you.Youare directedto returnthis warrantwithan endorsement
certifying the manner of its execution.
Youare further directed that while the said.........is in your custody, produce
the said before this court at all times when the court shall so direct.
Given under my hand and the seal of the court.. this; day
ot, 20.
(SEAL) Registrar

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... ontempt of Courts (Patna

2. In these Rules unless there is anything repugnant to the subject or context:

(iii) Every such petition shall contain-

1. Subs. by C.S. No. 114 dated 30.9.1996.

Whereas of is charged with committing contempt of this Court, you are

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