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Thursday, Dec 02, 2004

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Bill to amend Contempt of Courts Act introduced

By Our Legal Correspondent

NEW DELHI, DEC. 1. The Union Law Minister, H.R. Bhardwaj, today introduced in the Lok Sabha the Contempt of Courts (Amendment) Bill, 2004 providing for making truth a valid defence in the court of law. At present in contempt of court proceedings truth is not a defence.

The Bill seeks to substitute Section 13 of the Contempt of Courts (CC) Act with the following amendments — no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice; the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.

The statement of objects and reasons to the Bill states that the existing provisions of the CC Act, 1971 have been interpreted in various judicial decisions to the effect that truth cannot be pleaded as a defence to a charge of contempt of court.

The National Commission to Review the Working of the Constitution has, in its report, has recommended that in matters of contempt, it shall be open to the court to permit a defence of justification by truth. The Government has been advised that the amendments to the CC Act to provide for the above provision would introduce fairness in procedure and meet the requirements of Article 21 of the Constitution (protection of life and personal liberty).

At present, Section 13 of the CC Act provides certain circumstances under which contempt is not punishable.

It is, therefore, proposed to substitute the said Section by the above amendment.

The Contempt of Courts (Amendment) Bill, 2003 was introduced in the Lok Sabha on May 8, 2003 and the same was referred to the Department-related Parliamentary Standing Committee on Home Affairs for examination. The Committee considered the Bill.

However, with the dissolution of the 13th Lok Sabha, it lapsed. Hence the present Bill.

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