New Delhi: The Lok Sabha on Tuesday passed the Contempt of Courts (Amendment) Bill 2004 providing for making truth a valid defence in court. At present it is not a defence in contempt proceedings.

The Bill, which received support from all sections, was passed by voice vote.

It seeks to substitute Section 13 of the Contempt of Courts Act, 1971 with the following amendments: no court shall impose a sentence under this Act unless it is satisfied that contempt substantially interferes or tends to interfere with the due course of justice; the court may permit justification by truth as a valid defence if it is satisfied that it is in the public interest and the request for invoking the defence is bona fide.

According to the statement of objects and reasons, the existing provisions of the Act have been interpreted in various judicial decisions to the effect that truth cannot be pleaded as a defence against a contempt charge.

Commission recommendations

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

At present Section 13 provides certain circumstances under which contempt is not punishable. It is, therefore, proposed to substitute the section with the amendment.

The Contempt of Courts (Amendment) Bill 2003 was introduced in the Lok Sabha on May 8, 2003 and it was referred to the department related Parliamentary Standing Committee on Home. It considered the Bill. However, with the dissolution of the 13th Lok Sabha, the Bill lapsed. Subsequently the present Bill was introduced in 2004.

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