NEW DELHI: The Union Cabinet on Thursday decided to proceed in Parliament with the Contempt of Courts (Amendment) Bill, which provides for making truth a valid defence in the court of law. At present, truth is not a defence in proceedings relating to contempt of court.

The Bill, which was introduced in Lok Sabha last year, seeks to substitute section 13 of the Contempt of Courts Act (CC Act) with the following amendments — no court shall impose a sentence under the 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.

Fairness

The National Commission to Review the Working of the Constitution had, in its report, 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.

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