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Defences in Criminal Contempt

The document discusses 7 defences available in criminal contempt cases: innocent publication, publication of decided cases, distribution without knowing of contemptuous material, fair reporting of judicial proceedings, fair criticism of judicial acts, bona fide complaints against subordinate court officers, and acts that do not substantially interfere with justice administration.

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Amanth Rao
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646 views

Defences in Criminal Contempt

The document discusses 7 defences available in criminal contempt cases: innocent publication, publication of decided cases, distribution without knowing of contemptuous material, fair reporting of judicial proceedings, fair criticism of judicial acts, bona fide complaints against subordinate court officers, and acts that do not substantially interfere with justice administration.

Uploaded by

Amanth Rao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Defences in Criminal Contempt

S.3 to 7 deals with the defences available in Criminal Contempt. They are as
follows:

1.Innocent Publication(S.3): A person shall not be guilty of contempt of court if


he had made any innocent publication of any matter pending before a court without
knowing that the mater is pending a court. The person charge with contempt must
prove that publication is made without knowing that the Matter is pending in the
court.

2.Publication Relating to a Decided Case (S.3(2)):Publication about the decided


case is not a contempt since the case is already decided by the court, the
publication is not going to interfere with the disposal of the case. that is why it is
not treated as contempt.

3.Distribution of publication without knowing that it contains contempt of


court Matter(S.3(3)): If a person distributes and publication without knowing that
it contains contempt of court matter then it cannot be treated as contempt. If the
publication does not contain the name and address of the Author, publisher and
printer then this defence cannot be used by the person distributing such
publications.

4.Fair and Accurate Reporting of Judicial Proceedings(S.4): Fair and accurate


reporting of judicial proceedings is not a contempt. This is because we are
following the principle of openness in the matter of administration of justice. The
following reporting of judicial proceedings though it is fair and accurate it will be
treated as contempt of court.1. Reporting of the proceedings against any law which
is in force.2. Reporting of the proceedings when the court has prohibited the
reporting in the interest of the general public.3. Reporting of the proceedings
conducted in the judges chamber in the interest of defence of public order.4.
Reporting of information relating to secret process, discovery or invention which is
an issue in the case.

5. Fair Criticism of Judicial Act(S.5): A proper and fair comment on a decision


is not a contempt of court. Criticism is permitted to the extent where it does not
interfere with the administration of justice. So, it is open to any one to express fair,
reasonable and legitimate criticism of a judicial decision.

6. Bonafide Complaint against the Presiding Officers of a subordinate


court(S.6): A bonafide complaint made in good faith against the presiding officer
of a subordinate court to the higher authorities, who have control over such
subordinate court, is not a contempt.

7. No Substantial Interference with the Administration of Justice: It means an


act which is technically a contempt but such act does not substantially interfere
with the administration of justice. For such acts no punishment is awarded.
Bar Bench Relations

The court hall where cases are conducted consists of two parts namely:

(i) The place where the judges sit is called as Bench

(ii) The place where the Advocate sit is called as Bar.

So the term `Bench’ refers to the judges and the `Bar’ refers to the Advocates. Bar-
Bench relation means the cardial relation between the judges and the Advocates.

The faith on the judiciary to the general public and the speedy justice mainly
depends on the cardial relation between the judges and the Advocates. In the
Administration of justice the role of Advocates are also equally important just like
the judges. Rendering justice is their joint responsibility. Without the help of
Advocates, it is very difficult for the judges to arrive a correct decision in a
dispute.

If good relation exists between exists between the judges and Advocates then delay
in rendering justice and high expenses for getting justice can be very much
reduced. To strengthen the good relation both should have some good qualities and
mutual responsibilities.

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