Procedure after cognizance
Section 17 of the Contempt of Courts Act, 1971 deals with procedure after cognizance. Notice of every proceeding under section l5 shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise. The Act came into force on 24 Dec 1971.
(1) Notice of every proceeding under section l5 shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise.
(2) The notice shall be accompanied,—
(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded; and
(b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the reference.
(3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable.
(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of money, and if, after such attachment, the person charged appears and shows to the satisfaction of the Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.
(5) Any person charged with contempt under section 15 may file an affidavit in support of his defence, and the Court may determine the matter of the charge either on the affidavits filed or after taking such further evidence as may be necessary, and pass such order as the justice of the case requires.
Section 17, 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.
This section refers to
Referred to by 1
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 17
What does Section 17 of the Contempt of Courts Act deal with?
Section 17 of the Contempt of Courts Act is headed "Procedure after cognizance". Notice of every proceeding under section l5 shall be served personally on the person charged, unless the Court for reasons to be recorded directs otherwise.
How do I find court cases under Section 17 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 17, section 17 Contempt Courts Act 1971, section 17 of the Contempt of Courts Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 17 of the Contempt of Courts Act, and has it changed?
Its own text turns on section 15 (Cognizance of criminal contempt in other cases), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Contempt of Courts (CAT) Rules, 1992 (1992).
When did Section 17 of the Contempt of Courts Act come into force?
Section 17 of the Contempt of Courts Act, cited as Contempt Courts Act 1971 17, 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
- 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.