CHAPTER 8

Cases relating to Offences affecting the administration of justice and Contempt of Court

PART B -- CONTEMPT OF COURT

*[1. Court can try the offence itself or send the case to another court. Appeal from conviction.-- `Contempt of Court' is not defined either in the Pakistan Penal Code or in the Code of Criminal Procedure. The acts which constitute the contempt of Court are, however, defined in Article 204 of the Constitution and in the Contempt of Courts Act, 1976, and the High Courts have power to punish persons for the commission of these acts. Section 480 of the Code of Criminal Procedure deals with certain offences under sections 175, 178, 179, 180 and 228 of the Pakistan Penal Code which are in the nature of `contempt of Court' when such offences are committed in the view and presence of the Court. The Court has the power to try such offences itself, but the punishment is limited to fine up to two hundred rupees or simple imprisonment in default of payment up to one month. The procedure laid down in section 480 of the Code should be very carefully followed. If the Court considers that the offender should receive a higher penalty, it has discretion to send the case to another Magistrate (vide section 482 Cr.P.C.). An appeal lies in every case of conviction for contempt to the Court to which appeals from the decrees or orders of the convicting Court ordinarily lie. In the case of a conviction by a Court of Small Causes, an appeal lies to the Sessions Court.]

2. Cases tried by Magisterial Courts should be sent to Sessions Judge for examination.-- Every case, in which a person is punished summarily for contempt of court by an officer exercising less than full magisterial powers, should be sent, on the completion of the proceedings in which the contempt occurred, to the ^*[Sessions Judge] for inspection. ^*[Sessions Judges] should carefully consider the cases thus submitted to them, and make such comments thereon as appear called for or if necessary, report the case for the consideration of the High Court on the revision side.

3. Contempt by ignorant people.-- It must be distinctly understood that it is not intended to lay down that the power given to Courts by the Code of Criminal Procedure to punish contempts summarily is never to be resorted to. It is the duty of every Court to maintain the order and dignity of its proceedings, and sometimes this can only be effected by the punishment of the offender. In this connection, however, it is pointed out that a distinction may well be drawn between a disrespect committed by an ignorant villager, who hardly understands the impropriety of his conduct and disrespectful behaviour on the part of a person higher up in the scale of society. In the case of an ignorant rustic, a Court may often be content to pass over without punishment an act which would properly call for punishment if committed by a person of higher education and fuller knowledge of what is due to the dignity of a Court of Justice.

*[4. When High Court may punish for the contempt of subordinate Court.- Besides the power to punish its own contempt under Article 204 of the Constitution and under the Contempt of Courts Act, 1976, the High Court has and may exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice, in respect of complaints of contempt of the Courts subordinate to it as it has in respect of contempt of itself, but it cannot take cognizance of a contempt in respect of a Court subordinate to it when such contempt is an offence punishable under the Pakistan Penal Code (see section 3 of the Contempt of Courts Act, 1976).

The subordinate courts must, therefore, ensure before referring a contempt matter to the High Court that the alleged contempt is not an offence punishable under the Pakistan Penal Code.]

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