From Notice to Order: How a Contempt Proceeding Actually Runs
Contempt is unusual because the same court that made the order usually hears the allegation that it was broken. That compresses the procedure, but it does not remove it. Under the Contempt of Courts Act, 1971 the court must form a prima facie view, issue notice, give the alleged contemnor an opportunity to be heard, and record reasons. The stages below are the ones that matter if you have received a notice or are considering moving against someone who has ignored an order.
| Stage | Provision | What happens |
|---|---|---|
| Cognizance | s.14 / s.15 | Suo motu, on the Advocate General's motion, or on a petition with consent |
| Prima facie satisfaction | s.17 read with s.15 | Court decides whether the allegation deserves a reply at all |
| Notice and affidavit | s.17(1)–(3) | Personal service on the alleged contemnor, who files a reply |
| Hearing | s.17(4)–(5) | Summary hearing; the court may examine the contemnor |
| Punishment or discharge | s.12 | Up to six months' simple imprisonment and/or fine; or acceptance of an apology |
| Appeal | s.19 | Appeal lies to the Supreme Court from an order of a High Court's Division Bench |
Two timing rules decide most cases. First, under s.20 no contempt may be initiated after one year from the date of the alleged act — long-running disobedience that began three years ago is not saved by a fresh repetition unless the fresh act itself is within the year. Second, in civil contempt the court may issue a notice but suspend it, giving the contemnor a period to comply; that suspended sentence is the real sanction, and it can be activated later without a fresh proceeding.
The Defence That Works, and the One That Does Not
The defence that works is absence of wilfulness. An order that is ambiguous, an order that was never served, an order that the party could not have complied with because a third party or a statutory authority blocked it, or compliance attempted in good faith and completed late before the notice — each of these defeats civil contempt. So does the fact that the act complained of was directed at a different person or a different property than the order covers, because contempt is confined to the four corners of the order; a court will not expand an order by interpretation in a contempt petition.
The defence that does not work is legal advice. Saying that counsel advised that the order did not bind you is no answer: a party who obtains or suffers an order is expected to obey it until it is set aside or varied, and the remedy for a wrong order is appeal, not unilateral non-compliance. Equally unhelpful is a conditional apology. An apology offered “without prejudice” or “if the court so holds” tends to aggravate the position, whereas an unconditional apology coupled with actual compliance often ends the matter at the notice stage.
Frequently Asked
Can a government officer be punished? Yes. Official position is no shield; the officer who disobeys is personally liable, and the court may also direct disciplinary action and costs. Kolkata practice frequently involves municipal and police officials who have ignored a stay or a service direction.
Is criticism of a judgment contempt? Fair criticism of a decided case, in good faith and in the public interest, is protected — and since the 2006 amendment truth is a permissible defence where it is in the public interest. What is not protected is imputing corruption or bias to a judge, or publishing material calculated to prejudice a matter that is sub judice.
Can a company be punished? Yes; the court may proceed against the company and, in an appropriate case, against the officers in charge who were responsible for the disobedience.
Does an apology automatically end it? No. The court has discretion, and it will look at whether the contempt has been purged. An apology without compliance is treated as regret at being caught. If a contempt notice has been served on you in Kolkata, it should be answered by affidavit within the time allowed — contact the chamber.