Section 16 Contempt of Courts Act 1971 - Contempt by Judge, Magistrate or Person Acting Judicially

Section 16 of the Contempt of Courts Act, 1971 deals with contempt committed by a judge, magistrate or other person acting judicially. The provision makes it clear that a person exercising judicial functions is not, merely because of that judicial position, outside the operation of the law of contempt.

What is Section 16 of the Contempt of Courts Act, 1971?

Section 16 is titled "Contempt by judge, magistrate or other person acting judicially." It deals specifically with the application of contempt law to persons performing judicial functions.

The provision has two parts. Sub-section (1) lays down the general rule concerning liability for contempt, while sub-section (2) creates an exception for observations or remarks regarding a subordinate court made in the course of a pending appeal or revision.

Section 16 - Statutory Provision

Meaning and Scope of Section 16

1. Judicial office does not itself exclude contempt liability

Section 16(1) expressly states that a judge, magistrate or another person acting judicially may also be liable for contempt. The provision therefore applies the law of contempt to persons performing judicial functions, subject to any other law for the time being in force.

2. Contempt may concern the person's own court or another court

The wording of sub-section (1) covers contempt of the judicial officer's own court as well as contempt of any other court. It states that the liability is to operate in the same manner as the liability of any other individual, with the provisions of the Contempt of Courts Act applying so far as may be.

3. The provision is subject to other applicable law

Section 16 begins with the words "Subject to the provisions of any law for the time being in force." Accordingly, Section 16 must be read together with other applicable statutory and constitutional provisions governing contempt jurisdiction and judicial proceedings.

4. Exception for observations concerning a subordinate court

Section 16(2) provides an express exception. Section 16 does not apply to observations or remarks made by a judge, magistrate or other person acting judicially regarding a subordinate court when an appeal or revision against the order or judgment of that subordinate court is pending before that judicial authority.

The exception recognises that an appellate or revisional authority may necessarily have to examine and comment upon the reasoning, findings, procedure or judgment of the subordinate court while deciding the matter before it.

Relationship with Other Provisions of the Act

Section 16 should be read in the context of the Contempt of Courts Act as a whole. In particular, Section 2 contains the statutory definitions relevant to contempt, while Section 12 deals with punishment for contempt.

Section 13 places important restrictions on punishment for contempt, including the requirement concerning substantial interference with the due course of justice. Section 15 deals with cognizance of criminal contempt in cases other than contempt covered by Section 14.

The procedure following cognizance is dealt with under Section 17, while Section 19 contains provisions relating to appeals.

Key Points of Section 16

Official Text of the Contempt of Courts Act, 1971

The authoritative statutory text and current version of the Contempt of Courts Act, 1971 should be checked from the official India Code database, particularly when the provision is being relied upon in legal proceedings.

Read the Contempt of Courts Act, 1971 on India Code