Legal provisions regarding certain cases of contempt under section 345 of the Code of Criminal Procedure, 1973.
(1) When any such offence as is described in Section 175, Section 178, Section 179, Section 180, or Section 228 of the Indian Penal Code, 1860 is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court or the say day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under Section 345, sentence, offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
Image Source: tectria.com
ADVERTISEMENTS:
(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
(3) If the offence is under Section 228 of the Indian Penal Code, 1860, the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
The order under Section 345 has been made appealable under Section 351 of the Code.
According to Section 347 of the Code, when the State Government so directs, any Registrar or any sub-Registrar appointed under the Registration Act, 1908, shall be deemed to be a civil Court within the meaning of Section 345.
ADVERTISEMENTS:
Criminal Contempt—Validity of proceedings initiated against police officials on complaint alleged by District & Sessions Judge, addressed to the High Court—Conviction recorded confirmed:
A fascicle reading of Section 345 of the Code it is clear that offences under Sections 175, 178, 179, 180 or 228 would constitute contempt only if they are committed in the view or presence of the Court. This would also show that offences under Sections 175, 178, 179, 180 or 228 per se do not amount to contempt. They are contempt only if they are committed “in the view of presence of the Court”; otherwise they remain offences under the Indian Penal Code simpliciter.
In the present case the alleged slogan shouting and leveling abusive language against the Judge took place outside the Court. Therefore, the District and Sessions Judge rightly has not taken any action under Section 345 of the Code of Criminal Procedure and, therefore, the jurisdiction of the High Court would not be ousted. The rational behind it is quite obvious.
There would be no reason why the High Court should invoke its jurisdiction when the Court against whom contempt is committed, in the view or presence of the Court, can itself take action. Thus, bar of the jurisdiction of the High Court imposed by proviso to Section 10 of the Contempt of Courts Act is not attracted in the cases where the offences under Sections 178, 179, 180 and 228 of the I.P.C. are not committed in the view or presence of the Court.
ADVERTISEMENTS:
As per Section 351(4) of the Code, an appeal from such conviction by any Registrar or sub-Registrar deemed to be a civil Court by virtue of a direction issued under Section 347 shall lie to the Court of Session for the sessions division within which the office of such Registrar or sub-Registrar is situate.