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Congizance of Criminal Contempt and Consent of the Advocate-General: The Legal Position

By Dormaan J. Dalal

Published In

Air 2018

Introduction On 24th December, 1971, the Indian Parliament enacted “The Contempt of Courts Act, 1971,” (hereinafter referred to as “the Act”) which according to its Long Title is, “An Act to define and limit the powers of certain Courts in punishing contempts of Courts and to regulate their procedure in relation thereto.” The Act sought to remedy the uncertainty relating to the law of contempt in India by attempting to give the law a defined structure.1 The Act reaffirms the inherent power of a Court of record, viz. a High Court or the Supreme Court to initiate contempt proceedings.2  Broadly speaking, the Act contemplates two kinds of contempt, viz. Civil Contempt and Criminal Contempt, both of which have been given exhaustive definitions in the Act.3  Civil contempt proceedings can be initiated by an &ldqu ....

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