CHAPTER XIII

Rules under the Contempt of Courts Act,

1971 (LXX of 1971)

The rules framed by High Court under Section 23 of the Contempt of Court, Act

1971 are as follows :

1. Title :­ These rules shall be called the Contempt of Courts

(Bombay High Court) Rules, 1975

2. Commencement :­ They shall come into force on the 1 st day

of October , 1975

3 Definition : In these rules, unless there is anything repugnant to the subject

or context :

(a) “Act” means the contempt of courts Act 1971 (No 70 of 1971)

(b) ‘High Court ’ means the high court of Judicature at Bombay

(c) “Judge” means a Judge of the High court of Judicature at Bombay.

(d) “Subordinate Court” means any Court subordinate to the High Court of

Judicature at Bombay.

(e) “Registrar” means the Registrar of the High Court and shall include

Additional special officer :

(f) all other words and expressions used in these rules but to defined therein

shall have the meanings respectively assigned to them in the Act.

(Criminal Contempt)

4. Parties to the petition for initiating proceedings under the act shall be

registered as contempt petition.

(b) In every such petition the state of Maharashtra shall be made a respondent.

(c) In a proceedings intimated by petition the initiator shall be described as

petitioner and the opposite party as respondent.

5. Contents of the Petition :­ (a) Every petition, motion or reference made

under rule 4 Shall contain in precise language the statements setting forth the facts

constituting the contempt of which the person charged is alleged to be guilty and shall

specify the date of dates on which the contempt is alleged to have been committed.

(b) When the petitioner relies upon any documents or documents in his

possession he shall file them along with the petition.

(c) Every petition for taking action under the Act shall be supported by an

affidavit and shall be presented in the manner required by rules contained in chapter IV

of the Bombay High Court Appellate side Rules.

6. (a) Reference under Section 15(2) of the Act may be made by

subordinate Courts either suo motu or on an application received by it.

(b) Before makings a reference the subordinate Court shall hold a

preliminary enquiry by issuing a show cause notice accompanied by copies of relevant

documents, if any to the contemner and after hearing him the subordinate Court shall

write a concise resoned order of reference indicating why co0ntempt appears to have

been committed.

7. Every motion made by the Advocate General under subsection (2) of

Section 15 of Act shall state the allegation of Facts and the view of the motion maker that
in relation to these facts concept 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.

NOTICES

8 (a) Every notice issued by the High Court to the contemner shall be

accompanied by a copy of motion, petition or reference as the case may be together with

the copies of affidavits, if any.

(b) Such notices issued by the High Court shall be signed and dated by

the Assistant registrar or Additional special officer and shall be sealed with the seal of the

High Court.

(c) Notice of every proceedings under this Act shall be served

personally on the person charged unless the Court for reasons to be recorded directs

otherwise in that case the service may be effected by alternative form of service

authorized by the Code of Civil procedure and the High Court Appellate Side Rules.

9. The Court may, if satisfied that the person charged is absconding or is

likely to abscond or is keeping out or is likely to keep out of way to avoid service of the

notice, order issue of warrant of his are rest which in the case of criminal contempt may

be in lieu or or in addition to the attachment of his property under subsections (3) and (4)

of section 17 of the Act. Such warrants may be endorsed in the manner laid down in

section 71 of the Code of Criminal procedure 1973.

10. Whenever the High Court issues a notice it may dispense with the personal

attendance of the person charged with the contempt and permit him to appear through an

advocate and in tits discretion, at any state of the proceeding, direct the personal

attendance of such person, and if necessary, enforce such attendance in the manner

hereinabove provided.

11. (a). When any person charged with contempt appears, or is brought
before the High Court and is prepared while in custody or brought at any state of the

proceedings to give ball such person shall be released on ball if a bond for such sum of

money as the court thinks sufficient is executed with or withtout 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 think fit, instead of taking bail from such person, release him on his

executing any such bond.

(b) The provisions of Sections 436 to 448 and 450 of the code of Criminal

procedure, 1973 shall so far as may be apply to all the bonds executed under the rule.

Enquiry

12. (a) Any person charged with contempt other that a contempt referred

to in section 14 may file an affidavit in support of his defence on the date fixed by the

Court in that behalf.

(b) If such person pleads guilty to the charge. His pleas shall be recorded and

the court may, in its discretion convict him thereon.

(c) If such person refuses to plead or does not plead, or claims to be tried or

the court does not convict him on this pled of guilt it may determined the matter of the

charge either on the affidavits filed or after talking such further evidences it deems fit.

13. A paper book consisting of documents specified in Rules 5 to 7 shall be

filed by the petitioner or forwarded by the Court making reference inquardruplicaste as

the case may be.

14. In case where proceedings are initited by the Court suo motu or on the

motion of the Advocate General the registry shall prepare the paper book in

quadruplicate.
 15. The rules contained in Bombay High Court Appellate side Rules

pertaining to grant of copies, process fees and translation of documents and such other

matters in respect of which no provision is made in the rules shall mutatis mutandis apply

to the proceedings in the High Court are similarly when proceedings are pending in

subordinate Courts, the rules made by the High Court for the conduct of business of such

subordinate Courts shall apply to those proceedings.

16. The orders passed in the proceedings under the Act shall be carried out,

enforced and executed as if they were orders passed by the High Court the Cod of

Criminal Procedure 1973.

(Civil Contempt)

17. (a) Every Petition or reference in respect of contempt of a subordinate

Court or a bench of the High Court presided over by a single Judge be heard and disposed

of by a single Judge.

(b) The subordinate Court shall before making a reference as far as possible

follows the procedure laid down in Rule 6.

18. (a) In case of contempt arising out of a proceedings on the Original

side of the High court the petition shall be filed on the Original side of the High court and

shall be in the form of a Notice of Motion. The rules relating to a Notice of Motion. The

rules relating to a Notice of Motion shall mutatis mutandis apply to such petition.

(b) In case of contempt arising out of a proceeding on the appellate side of the

High Court, the petition shall be filed on the Appellate Side and in the form of Civil

Application. The rules relating to Civil Application shall mutatis mutandis apply to such

a repetitions.

19. Civil contempt other than one referred in rule 18 shall be heard by a
Division Bench.

(Vide High Court Notification No.P.0102/73, dt. 11th September, 1975)