Power of High Court to punish contempts of subordinate courts
Section 10 of the Contempt of Courts Act, 1971 deals with power of High Court to punish contempts of subordinate courts. Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts of itself: Provided that no High Court shall take cognizance o The Act came into force on 24 Dec 1971.
Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
Section 10, The Contempt of Courts Act, 1971 (Act 70 of 1971).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajiv Dawar v. High Court of Delhi
Court's Decision & Legal Precedent
Judgement of Main Case order-9.pdf 2017-07-26 DATE VERIFIED (Kurian Joseph & Banumathi JJ.). Conviction under Contempt Act s.2(c) r/w ss.10 & 15 and Art 215 set aside where contemnor was denied opportunity to adduce evidence / cross-examine the de facto complainant; contempt requires proof and procedural fairness, not unilateral allegations. Map Contempt 10.
On this section: s.10/15 contempt conviction set aside where contemnor denied evidence/cross-examination — procedural fairness required.
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Court on its own motion (Re: Tis Hazari Court Lawyers) & Dr. H.B. Mishra v. State
Court's Decision & Legal Precedent
Final Order order-6.pdf 2023-07-28 DATE VERIFIED (Mridul, Bhatnagar & Mendiratta JJ. Full Bench). Extensively interprets Contempt of Courts Act s.10 (HC power to punish contempt of subordinate courts; proviso vs parallel IPC/PDPP FIR) with Art 215 / s.15. After ~17 years, contemnors discharged for insufficient evidence of criminal contempt arising from Tis Hazari lawyers’ agitation. Map Contempt 10.
On this section: s.10 HC power to punish contempt of subordinate courts (proviso vs parallel FIR); Full Bench discharges for want of clear proof after 17 years.
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Court on Its Own Motion vs Mulakh Raj
Court's Decision & Legal Precedent
When conduct of a police officer during investigation prima-facie constitutes an offence under the Indian Penal Code (such as fabricating false evidence under Sections 192-195 IPC), and specific procedures exist in the Criminal Procedure Code for addressing such conduct (Sections 340, 345, 346, 348), the High Court should exercise restraint and not invoke its contempt jurisdiction under the Contempt of Courts Act, 1971. The proviso to Section 10 of the Contempt of Courts Act bars High Court jurisdiction when the alleged contempt is an offence punishable under IPC. Contempt proceedings should be initiated only when there is real prejudice constituting substantial interference with the due course of justice, and not as an omnibus remedy for every wrong affecting judicial proceedings.
On this section: High Court jurisdiction to punish contempts of subordinate courts, with statutory bar when contempt is an offence punishable under IPC
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Mohd. Kaleem Azad vs Vijay Singh Chauhan
Court's Decision & Legal Precedent
The scope of a court order directing reconsideration of a case with proper hearing is limited to the specific relief prayed for in the petition (withdrawal of removal notification) and does not extend to withdrawal of collateral criminal proceedings initiated on the basis of the same facts. Departmental action and criminal action are distinct and separate proceedings that can proceed simultaneously; departmental action requires opportunity of hearing before taking action, whereas criminal action does not require such hearing. For contempt jurisdiction to be exercised, there must be wilful and intentional disobedience of a clear and unambiguous court order, and the court should not go beyond the four corners of the order alleged to be flouted.
On this section: Basis for filing contempt petition; requires wilful and intentional disobedience of court order
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Contempt of Courts Act?
Rajiv Dawar v. High Court of Delhi (26 Jul 2017) is the leading judgment on this section among those set out below: s.10/15 contempt conviction set aside where contemnor denied evidence/cross-examination — procedural fairness required. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2017 to 2023.
How do I find court cases under Section 10 of the Contempt of Courts Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contempt Courts Act 1971 10, section 10 Contempt Courts Act 1971, section 10 of the Contempt of Courts Act. People searching for it also type contempt of court act 1971 section 10 and section 10 and 12 of contempt of courts act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Rajiv Dawar v. High Court of Delhi (26 Jul 2017).
When did Section 10 of the Contempt of Courts Act come into force?
Section 10 of the Contempt of Courts Act, cited as Contempt Courts Act 1971 10, came into force on 24 Dec 1971, having been enacted on 24 Dec 1971. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Innocent publication and distribution of matter not contempt482 words
- 14. Procedure where contempt is in the face of the Supreme Court or a High Court477 words
- 12. Punishment for contempt of court465 words
- 17. Procedure after cognizance278 words
- 15. Cognizance of criminal contempt in other cases257 words
- 7. Publication of information relating to proceedings in chambers or in camera not contempt except in certain cases251 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.