Contempt Of Courts (Delhi High Court) Rules, 2025

[25th February 2025]

PREAMBLE

In exercise of the powers conferred under Article 215 of the Constitution of India read with Section 23 of the Contempt of Courts Act, 1971 and all other incidental powers and to regulate proceedings for contempt of the High Court of Delhi and the Courts subordinate to it, the High Court of Delhi hereby makes the following Rules:-

Rule 1. Short Title.

These Rules may be called the Contempt of Courts (Delhi High Court) Rules, 2025.

Rule 2. Commencement.

These rules shall come into force from the date of their publication in the Official Gazette.

Rule 3. Definitions.

In these Rules, unless there is anything repugnant to the subject or the context:-

(a)      "Act" means the Contempt of Courts Act, 1971.

(b)      "Section" means a Section of the Act.

(c)      The expressions "Contempt of Court", "Civil Contempt" and "Criminal Contempt" shall have the same meaning as are assigned to them under Section 2 of the Act.

(d)      "High Court" means the High Court of Delhi.

(e)      "Judge" means a Judge or an Additional Judge of the High Court or Judge appointed thereto under Article 224A of the Constitution of India.

(f)       "Law Officer" means such Law Officer as the Central Government may, by notification in the official gazette specify in Section 15 of the Act, or any other person with the consent in writing of such Law Officer.

(g)      "Registrar" shall include the Joint Registrar, Deputy Registrar or Assistant Registrar as may, from time to time, be specified by the Chief Justice.

(h)     "Registrar General" means the Registrar General of the High Court.

(i)       "District Court" shall mean all Courts and Tribunals under the administrative control of the High Court.

(j)       All other words and expressions used in these Rules, but not defined herein, shall have the meaning respectively assigned to them in the Act.

Rule 4. Contempt in the face of the High Court.

(1)     When it is alleged or appears to the High Court, upon its view, that a person is guilty of contempt committed in its presence or hearing, the Court may cause such person to be detained in custody, and at any time before rising of the Court on the same day, or as early as possible thereafter, shall -

(a)      cause him to be informed in writing of the alleged contempt with which he is charged, as far as may be and in so far as practicable, in the manner as described in Form - I;

(b)      afford him an opportunity to make his defence to the charge;

(c)      after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and

(d)      make such order as contemplated under Section 12 of the Act.

(2)     Notwithstanding anything contained in sub-rule (1), where a person charged with contempt under that sub-rule applies, whether orally or in writing, to have the charge against him tried by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, and the Court is of the opinion that it is not only practicable to do so, but also that in the interest of proper administration of justice, the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice to be placed before the appropriate bench for the trial thereof:

Provided that such matter, unless the Chief Justice directs it to be heard by a larger Bench, be listed for hearing before a Division Bench.

(3)     Pending determination of the charge of contempt, the Court may direct that the person so charged shall be detained in such custody as it may specify:

Provided that the person accused shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed, with or without sureties, upon the condition that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Court:

Provided further that the Court may, if it thinks fit, discharge him on his executing a bond without sureties for his attendance as aforesaid.

(4)     In any trial of a person charged with contempt under sub-rule (1), in pursuance of a direction given under sub-rule (2), by the Bench other than of the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness or be subject to cross-examination, and the statement placed before the Chief Justice under sub-rule (2) shall be treated as evidence of what is stated therein.

Rule 5. Mode of taking cognizance of Civil Contempt.

(1)     The High Court may take cognizance of civil contempt -

(a)      on a petition presented by a party or parties aggrieved; or

(b)      on information laid before it by the Registrar General of the High Court; or

(c)      in case of any civil contempt of district courts, on reference made to it by that Court; or

(d)      suo motu.

(2)     Mode of taking cognizance of Criminal Contempt other than contempt in the face of the High Court:

The High Court may take cognizance of criminal contempt -

(a)      on the motion or recommendation of the Law Officer; or

(b)      on the motion of any other person with the prior consent in writing of the Law Officer; or

(c)      on a reference specifying the contempt under Section 15(2) of the Act by a district Court or on an application received by it; or

(d)      on information laid before it by the Registrar General of the High Court or brought to its notice by any other person; or

(e)      suo motu.

Provided that no proceedings for contempt either on its own motion or otherwise shall be initiated after the expiry of one year from the date on which the contempt is alleged to have been committed.

(3)     Notwithstanding anything contained in sub-rule (1) and (2) of Rule 5, when information is presented by a person not referred to in Section 15 of the Act, including the Registrar General, the procedure as contained in Rule 9 (3) would be followed.

Rule 6. Parties to the petition.

Except where the action is initiated by court suo motu, the person(s) who presents the petition, shall be named as the petitioner(s) and the person(s) charged as the respondent(s).

Rule 7. Contents of the petition.

(1)     Every petition shall contain -

(a)      the name, description and place of residence of the petitioner(s) and the person(s) charged;

(b)      nature of the contempt alleged, and such material facts, including the date(s) of commission of the alleged contempt, as may be necessary for proper determination of the matter;

(c)      every petition shall contain complete particulars of the conduct and material upon which the petition is founded and shall distinctly state the particulars of the alleged contumacious conduct; and

(d)      if a petition has previously been made by the petitioner(s) on the same facts, the details, as well as the result thereof, shall also be indicated in the petition.

(2)     every petition shall be signed, dated and verified on solemn affirmation by the petitioner(s) acquainted with the facts stated in the petition.

(3)     every petition shall also be supported by an affidavit of the petitioner(s) and the person(s) imputing contempt.

The affidavit shall state-

(i)       which of the statements made in the petition are made from the deponents own knowledge and which are matters of information or belief; and

(ii)      the source for any matters of information or belief.

(4)     Where the petitioner relies upon a document(s) in his/her possession or power, such document(s) or true copies thereof shall be filed along with the petition.

(5)     No court fee shall be payable on the petition, and document(s) filed in the proceedings.

(6)     Where applicable, the filing of petitions shall be governed by the e-Filing Rules of the High Court of Delhi, 2021.

Rule 8. Reference by the district court.

(1)     All references made by the district court under rule 5(2) (c) shall contain the particulars as mentioned in rule 7(1)(a) and (b), so far as applicable.

(2)     The district court shall transmit all relevant documents or true copies thereof, duly attested along with the reference.

(3)     All references made under rule 5(2) (c) by the district court, other than the Court of Principal District and Sessions Judge, shall be forwarded through the concerned Principal District and Sessions Judge to the Registrar General of the High Court.

(4)     On receipt of such reference, the Registrar of the High Court shall register the same as a petition and list it before the Court.

Rule 9. Listing and Preliminary Hearing.

(1)     Every petition, motion or reference concerning civil contempt shall, unless directed otherwise by the Chief Justice, be listed before a Single Judge as per roster.

(2)     Every petition, motion or reference concerning criminal contempt shall, unless the Chief Justice directs it to be heard by a larger Bench, be listed for hearing before a Division Bench as per roster.

(3)     When information is presented by any one referred in Rule 5 (3), the said information/petition shall not be placed for consideration on the judicial side, but shall be placed before the Chief Justice for orders in chambers. The Chief Justice may thereafter, either take cognizance on his own of the information placed before him or in his discretion consult other judges of the Court.

Rule 10. Procedure after cognizance.

(1)     Every notice to the respondent(s) and/or the Standing Counsel of the Government issued by the High Court shall be in Form II and Form III respectively, as appended to these Rules, and shall be accompanied by a copy of the motion, petition or reference, as the case may be, together with copies of the affidavits, if any.

(2)     Every notice shall bear the date and seal of the High Court.

(3)     Notice of every proceeding under the Act shall be served personally on the respondent(s), unless directed otherwise and in the case of companies, partnership firms, trusts or other such entities, at the registered address of such entities.

(4)     Whenever the High Court issues notice in such proceedings, it may dispense with the personal attendance of the respondent(s) and permit the respondent(s) to appear through counsel but may, at any stage of the proceedings, direct the personal presence of the respondent(s) and enforce such presence including through any mode(s) available under the Bharatiya Nagarik Suraksha Sanhita, 2023(earlier Code of Criminal Procedure, 1973) or other law for the time being in force.

(5)     The High Court, if satisfied, that the respondent(s) is/are absconding or likely to abscond or is/are avoiding service of the notice, order the issuance of warrants for arrest in Form IV which, in the case of criminal contempt, may be in lieu of or in addition to the attachment of his property under Section 17(3) and (4) of the Act.

Rule 11. Bail.

(1)     When any person accused of contempt appears or is brought before the High Court while in custody or at any stage of the proceedings, and seeks bail, such person shall be released on bail subject to furnishing a personal bond and surety / sureties to the satisfaction of the High Court on such conditions, including the condition that the person accused shall remain present and attend the proceedings, as the High Court may impose:

Provided that the High Court may, if it thinks fit, release him upon execution of personal bond, ensuring his attendance or may dispense with the requirement of execution of a bond with or without sureties.

(2)     Notwithstanding, anything contained in sub-rule (1), where a person fails to comply with the conditions stipulated in the bail bond, High Court may decline him bail, having regard to his past conduct.

Rule 12. Trial in proceedings for criminal contempt other than proceedings for contempt in the face of the High Court.

(1)     A person charged with contempt may file his/her affidavit, if any, by way of reply to the charge and shall serve a copy thereof on the petitioner(s) on or before the date fixed for his/her appearance or on any other date in that behalf.

(2)     No further affidavit or document shall be filed, except with the leave of the High Court.

(3)     If such person pleads guilty to the charge, such plea shall be recorded and the High Court may pass such order on the plea of guilt, as it deems fit.

(4)     If such person does not plead guilty and claims defence, the High Court shall decide the charge either on the affidavit(s) filed or after taking such further evidence, as may be necessary, and pass such order as it deems fit.

(5)     The High Court may make orders for securing the attendance of any person to be examined as a witness and for discovery or production of any documents.

Rule 13. Proceedings on Sentence.

(1)     If the High Court holds the contemnor guilty, it shall hear the contemnor on the point of sentence and shall pass appropriate orders as envisaged under Section 12 of the Act. In case a sentence of imprisonment is passed, the warrants of committal as provided in FormV will be issued by the Registrar of this Court.

(2)     If the High Court awards a sentence of fine and the fine is not paid within such time as may be allowed by the Court, the High Court shall pass appropriate orders including for imprisonment.

Rule 14. Appeals.

Appeals under Section 19 of the Act shall be filed in accordance with the rules contained in Chapters 1-A(a) and 2-C of Volume V of High Court Rules and Orders insofar as the same may be applicable, provided that no court fee shall be payable on the memorandum of appeal filed by a contemnor.

Rule 15. Procedure in Contempt Proceedings.

(1)     Every person against whom proceedings are initiated under the Act may, as a matter of right, be defended by an Advocate of his choice.

(2)     The petitioner shall not be required to file the process fee for service of process on the respondent.

(3)     Where the respondent is the Government, the name and designation of the person upon whom notice is to be served shall be shown in the cause title.

(4)     No court fee shall be payable on any petition or any document filed in contempt proceedings.

(5)     In a case where any proceedings are initiated suo motu by the High Court, the Registry shall prepare the paper book/e-file in a case of criminal contempt, or civil contempt, and provide copies thereof to the respondent(s) or share the same with the respondent(s) electronically. Such paper book/e-file shall consist of the following documents:

(a)      Reference or motion.

(b)      The material alleged to constitute contempt.

(6)     The rules relating to the grant of copies and translation of records contained in Chapter 5- B, of Volume V of High Court Rules and Orders, and in the e-True Copy Rules of the Delhi High Court, 2024 shall, insofar as may be applicable, govern proceedings under the Act.

(7)     When any person is summoned by the High Court to appear as a witness in any proceedings under the Act, the expenses of summoning such witnesses, as determined according to the rules for the time being in force, shall be paid by the Registrar out of the Contingency Fund, provided that the Court may direct any party to such proceedings to pay such expenses.

(8)     The High Court may direct any party to a proceeding under the Act to pay the costs thereof as determined by it to any other party thereto.

(9)     It shall be the duty of the Registrar to carry out, enforce and execute the orders passed by the High Court in any proceeding under the Act, and in particular, orders imposing fine or awarding costs.

FORM NO. 1

CHARGES AGAINST PERSON(S) ACCUSED TO HAVE COMMITTED CONTEMPT IN THE FACE OF THE HIGH COURT OF DELHI.

I, ......................... {name of the Honble Judge of the High Court}, hereby charge you ......................... {name of accused person(s)} as follows:-

That you, on or about the ......................... day of......................... (month), ......................... (year) at ......................... (time), ......................... {brief gist of the accusation(s) made} and thereby committed contempt in the face of the High Court.

And I hereby direct that you be tried by this Court on the said charge.

Q. Do you plead guilty or claim trial?

Ans.

(Signature of the Honble Judge)

Date .........................

FORM NO. II

Notice to the Person Charged / Accused

(See Rule 10)

IN THE HIGH COURT OF DELHI AT NEW DELHI CONT. CASE (CIVIL / CRIMINAL) No. __________ of 20____

...........................................................................Petitioner

Vs.

...........................................................................Accused

To,

(Here mention the name and address of the accused)

Whereas information is laid / a petition or Reference is made by ......................... that you ......................... (Here mention the gist of the accusation made in the information, petition or reference).

And whereas this Court is of the prima-facie view that you are liable to be proceeded against under the Contempt of Courts Act, 1971.

You are hereby required to appear in person or by an Advocate duly instructed on ......................... day of ......................... 20......................... and show cause why such action under the Contempt of Courts Act, 1971 as is deemed fit should not be taken against you.

Given under my hand and the seal of this Court on this .........................day of ......................... 20.........................

Sd/-

(Registrar)

(With Seal of High Court of Delhi)

FORM NO. III

Notice to the Standing Counsel

(See Rule 10)

IN THE HIGH COURT OF DELHI AT NEW DELHI CONT. CASE (CIVIL / CRIMINAL) No. __________ of 20____

...........................................................................Petitioner

Vs.

...........................................................................Accused

To,

The Standing Counsel (Criminal),

Government of NCT of Delhi,

Delhi.

Whereas a case is registered under the Contempt of Courts Act, 1971, against the accused aforesaid upon a reference made by ......................... or suo motu / upon information laid before this Court;

Please take notice that the aforesaid case is posted for hearing before the Honble Court on ......................... and that you are hereby required to take charge and arrange for conducting the prosecution thereof.

Copies of the papers relating to the case are enclosed herewith.

Given under my hand and the seal of this Court on this ......................... day of ......................... 20.........................

Sd/-

(Registrar)

(With Seal of High Court of Delhi)

FORM NO. IV

Warrants of Arrest

(See Rule 10)

IN THE HIGH COURT OF DELHI AT NEW DELHI CONT. CASE (CIVIL / CRIMINAL) No. __________ of 20____

...........................................................................Petitioner

Vs.

...........................................................................Accused

To,

The Deputy Commissioner of Police

/ SHO concerned.

Whereas Mr./Ms......................... s/o / d/o ......................... R/o ......................... is charged with committing contempt of Court, you are hereby directed to arrest the said ......................... and produce him before this Court on ......................... If the above named person is arrested earlier than the above date, i.e. v he/she shall be produced before the nearest Magistrate in accordance with law within 24 hours of his arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate.

If the accused aforesaid binds himself in a sum of Rs......................... to this Court with one surety for a like sum before the Magistrate to appear on the said date of hearing and all future dates to which the case may be posted, he may be released.

Given under my hand and the seal of the Court on this the .........................day of .........................20.........................

Sd/-

(Registrar)

(With Seal of High Court of Delhi)

FORM NO. V

Warrants of Commitment for Contempt

(See Rule 13)

IN THE HIGH COURT OF DELHI AT NEW DELHI CONT. CASE (CIVIL / CRIMINAL) No. __________ of 20____

...........................................................................Petitioner

Vs.

...........................................................................Accused

To,

The Superintendent,

Central Jail / Jail No. _____.

Whereas on the ......................... day of ......................... 20......................... (name of contemnor in full) in the above case was sentenced by this Court under the Contempt of Courts Act, 1971 for committing contempt of this Court/ or the Court of......................... and was sentenced to (state the punishment fully and distinctly).

This is to authorize and direct you, the Superintendent of__________Jail to receive the said contemnor (contemnors name) into your custody and to confine him in prison/civil prison together with this warrant and carry the aforesaid sentence into execution according to law.

Given under my hand and the seal of the Court on this the .........................day of .........................20.........................

Sd/-

(Registrar)

(With Seal of High Court of Delhi)

NOTE: THESE RULES SHALL COME INTO FORCE FROM THE DATE OF THEIR PUBLICATION IN THE GAZETTE.