Procedure where contempt is in the face of the Supreme Court or a High Court
Section 14 of the Contempt of Courts Act, 1971 deals with procedure where contempt is in the face of the Supreme Court or a High Court. When it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and, at any time before the rising of the Court, on the same day, or as The Act came into force on 24 Dec 1971.
(1) When it is alleged, or appears to the Supreme Court or the High Court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and, at any time before the rising of the Court, on the same day, or as early as possible thereafter, shall—
(a) cause him to be informed in writing of the contempt with which he is charged;
(b) afford him an opportunity to make his defence to the charge;
(c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and
(d) make such order for the punishment or discharge of such person as may be just.
(2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt under that sub-section applies, whether orally or in writing, to have the charge against him tried by some judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, and the Court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the Chief Justice under sub-section (2) shall be treated as evidence in the case.
(4) Pending the determination of the charge, the Court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify:
Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties conditioned 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 thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.
Section 14, The Contempt of Courts Act, 1971 (Act 70 of 1971).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
-
State of Maharashtra vs Sumermal M. Bafna
Court's Decision & Legal Precedent
Criminal contempt proceedings against officials of a subordinate court cannot be validly initiated by a private complainant without compliance with Section 15 of the Contempt of Courts Act, 1971. Specifically, such proceedings require either a reference from the subordinate court itself or a motion by the Advocate General (or written consent of the Advocate General). Proceedings initiated without such prerequisite are vitiated ab initio, and any conviction or order passed thereupon is void and must be set aside, regardless of whether substantive breach of undertaking may have occurred.
On this section: Distinguishes contempt referred to in Section 14 from other contempts requiring different procedural compliance
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… One of the learned Judges felt that there was no need to issue notice to the petitioners and held them guilty of criminal contempt of the court. The other learned Judge observed that the mandate of Section 14 of the Contempt of Courts Act, 1971 must be followed before sending the contemnors to jail. The question was, therefore, whether the petitioners were entitled to any opportunity of hearing. The matter was thereafter placed before a three-Judge Bench. The three-Judge Bench resolved the difference of opinion and …
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 14
What have the courts held on Section 14 of the Contempt of Courts Act?
State of Maharashtra vs Sumermal M. Bafna (30 Sep 2016) is the leading judgment on this section among those set out below: Distinguishes contempt referred to in Section 14 from other contempts requiring different procedural compliance.
How do I find court cases under Section 14 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 14, section 14 Contempt Courts Act 1971, section 14 of the Contempt of Courts Act. People searching for it also type contempt of court act section 14. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Maharashtra vs Sumermal M. Bafna (30 Sep 2016).
What should I read with Section 14 of the Contempt of Courts Act, and has it changed?
2 other provisions in this corpus refer back to it. 4 instruments name it without being made under it, most recently Rules of Bombay High Court on Contempt of Courts Act, 1971 (2014), then The Contempt of Court Act, 1971 (2005).
When did Section 14 of the Contempt of Courts Act come into force?
Section 14 of the Contempt of Courts Act, cited as Contempt Courts Act 1971 14, 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
- 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
- 19. Appeals233 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.