AI Overview...
- Procedure for Contempt by Court - Main points and insights:
- Section 345 of the CrPC prescribes the procedure for handling contempt of court, requiring the court to give the alleged offender a reasonable opportunity to show cause before imposing punishment Bheem Bahadur VS The State Of Rajasthan - Rajasthan, Kamal Kishore VS State of H. P. - Himachal Pradesh, Mili Nigam VS Kalanidhi Naithani,S. S. P. Lucknow - Allahabad.
- The court must follow a specific process, including issuing a show-cause notice, conducting an inquiry, and ensuring the offender's right to be heard Kamal Kishore VS State of H. P. - Himachal Pradesh, T. K. Kodandaram VS IV Addl Judicial Magistrate of I Class, Nellore - Andhra Pradesh.
- Courts have emphasized that proper adherence to Sections 345 and 346 of the CrPC is essential; failure to do so renders the contempt proceedings or punishments illegal (e.g., imprisonment without following prescribed procedures is invalid) R. SACHDEV VS PRESIDING OFFICER, DISTRICT CONSUMER FORUM - Consumer, Arun Paswan, S. I. VS State of Bihar - Crimes.
- The contempt proceedings can be initiated for misconduct, disobedience, or breach of court orders, and the offender must be given an opportunity to defend themselves Bheem Bahadur VS The State Of Rajasthan - Rajasthan, Mili Nigam VS Kalanidhi Naithani,S. S. P. Lucknow - Allahabad.
-
The jurisdiction and procedures are also influenced by related laws like the Contempt of Courts Act, 1971, and specific procedural rules for criminal contempt NAKSHATER PAL SINGH VS STATE - Allahabad, Jagir Signh VS Gram Panchayat, Raipur Kalan - Crimes.
-
Analysis and Conclusion:
- The procedure under Section 345 CrPC is designed to safeguard the rights of the alleged contemnor while ensuring court authority is maintained.
- Courts must strictly adhere to the procedural requirements, including providing an opportunity to show cause, to avoid illegal or invalid contempt proceedings.
- Any deviation, such as issuing orders or punishments without following the prescribed process, can be challenged or deemed invalid.
- Proper procedural compliance ensures that contempt proceedings are fair, lawful, and effective in maintaining judicial discipline R. SACHDEV VS PRESIDING OFFICER, DISTRICT CONSUMER FORUM - Consumer, Arun Paswan, S. I. VS State of Bihar - Crimes.
References:
- Bheem Bahadur VS The State Of Rajasthan - Rajasthan, Mili Nigam VS Kalanidhi Naithani,S. S. P. Lucknow - Allahabad, Kamal Kishore VS State of H. P. - Himachal Pradesh, T. K. Kodandaram VS IV Addl Judicial Magistrate of I Class, Nellore - Andhra Pradesh, R. SACHDEV VS PRESIDING OFFICER, DISTRICT CONSUMER FORUM - Consumer, Jagir Signh VS Gram Panchayat, Raipur Kalan - Crimes, NAKSHATER PAL SINGH VS STATE - Allahabad, Venkatakrishnan VS S. Vijayalakshmi - Madras, Arun Paswan, S. I. VS State of Bihar - Crimes
Search Results for "Procedure for Contempt by Court against an Offender under Section 345 of Crpc"
1990 0 Supreme(Raj) 803 • India - Rajasthan
B.R.ARORA
AND INSULTED MUST BE SITTING IN ANY STATE OF JUDICIAL PROCEEDING - PROCEDURE FOR CONTEMPT CASES UNDER SECTION 345, CR. ... CRIMINAL LAW - CONTEMPT OF COURT - SECTION 228, IPC - INTENTION, INSULT OR INTERRUPTION TO A PUBLIC SERVANT, PUBLIC SERVANT INTERRUPTED ... P.C. - COURT'S POWER TO PUNISH FOR CONTEMPT - INTERPRETATION AND APPLICATION. ... In this view of the matter, I am of the opinion that no offence appears to have been comm....
2020 0 Supreme(All) 83 • India - Allahabad
ABDUL MOIN
Contempt of Courts Act, 1971 – Sections 10, 11 and 12 – Contempt of order of Court – Non-compliance of the ... Finding of the Court Section 175 of IPC, it is apparent that omission to produce document ... Result: Contempt petition dismissed. ... For the aforesaid purpose, Section 345 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') would be relevant. Section #HL_....
2018 0 Supreme(HP) 283 • India - Himachal Pradesh
SURESHWAR THAKUR
Section 345 - Contempt of Court - The court must afford a reasonable opportunity to the offender to show cause before imposing ... the appellant as mandated by Section 345 of the Code of Criminal Procedure. ... punishment for an offence under Section 228 of the Indian Penal Code. ... Procedure in certain cases of contempt:- ... (1) When any such offence as is described in #HL_STA....
1992 0 Supreme(AP) 208 • India - Andhra Pradesh
A.VENKATARAMI REDDY
CONTEMPT OF COURT - SECTION 345 AND 346 CRPC - INTERPRETATION - PROCEDURE TO BE FOLLOWED BY MAGISTRATE - COURT ANALYSIS AND CONCLUSION ... Whether the Magistrate followed the proper procedure under Sections 345 and 346 CrPC for dealing with contempt of court cases. ... 345 and 346 CrPC for dealing with contempt#HL_EN....
• India - Consumer
J.D.KAPOOR, RUMNITA MITTAL
illegal as it awarded imprisonment without following the prescribed procedure under Section 345 and 346 of the Cr. ... Ratio Decidendi: The District Forum failed to follow the prescribed procedure under Section 345 and 346 of the Cr. ... Section 228, IPC - District Forum's Jurisdiction - The court found that the District Forum's order was beyond jurisdiction and ... Section 345#HL_END....
• India - Crimes
M.M.PUNCHHI
Gram Panchayat Act, 1952 - Section 79 and Code or Criminal Procedure, Sections 345 and 346 - Contempt of Gram Panchayat- Cognizance ... ... Held that it is plain from the language of Section 345 Criminal ... Nowhere can it thus be spelled out from the language of Section 345 Criminal Procedure Code, that all these proceedings had to culminate ... Procedure in certain cases of #....
1977 0 Supreme(Guj) 65 • India - Gujarat
A.N.SURTI, S.OBUL REDDY
Criminal Procedure code 1973 - Section 345 – Mis-behaviour of Commissioner - Decree in partition suit - ... error committed Commissioner - Proper course petitioner was to move a competent Criminal Court either in appeal or revision as case ... of Criminal Procedure - In our view offence does not fall Criminal Procedure Code but falls Indian Penal Code - It is a technical ... Section 345 of the Code of Criminal Procedure 1973 prescribes the #HL_START....
2005 0 Supreme(All) 2492 • India - Allahabad
IMTIYAZ MURTAZA, RAVINDRA SINGH
Contempt of Court - Criminal Contempt - Contempt of Courts Act 1971 - Section 15(2) - Section 460/411 I.P.C. - Section 10 - Section ... 345 of Cr. ... C. - Section 228 I.P.C. ... ... Section 345 Code of Criminal Procedure reads: ... " (345) Procedure in certain cases of contempt:- ... (1) ....
2014 0 Supreme(Mad) 4162 • India - Madras
K.RAVICHANDRA BAABU
from taking steps for execution of order on file of X Small Causes Court in accordance with procedure contemplated under Section ... is not an ex-facie Contempt and on other hand it is a Contempt of Court as defined under Section 2(a) (b)(c) of Contempt of Courts ... Tamil Nadu Buildings Act, 1960 - Section 17(2) - Contempt of Courts Act, 1971 - Section 12 - Indian Penal ... For example, if a pers....
• India - Crimes
S.N.VARIAVA, H.K.SEMA
Criminal Procedure Code, 1973—Section 345—Contempt of Courts Act, 1971—Sections 2 and 10—Criminal contempt—Proceedings initiated ... Therefore, the District and Sessions Judge rightly has not taken any action under Section 345 of the Code of Criminal Procedure and ... Thus, bar of the jurisdiction of the High Court imposed by proviso to Section 10 of the Contempt of Courts Act i....
Filter by Legal Phrase
