publication thereof on grounds of public policy, or for reasons connected with public order or the security
of the State, or on the ground that it contains information relating to a secret process, discovery or
invention, or in exercise of any power vested in it.
8. Other defences not affected.—Nothing contained in this Act shall be construed as implying that
any other defence which would have been a valid defence in any proceedings for contempt of court has
ceased to be available merely by reason of the provisions of this Act.
9. Act not to imply enlargement of scope of contempt.—Nothing contained in this Act shall be
construed as implying that any disobedience, breach, publication or other act is punishable as contempt of
court which would not be so punishable apart from this Act.
10. Power of High Court to punish contempts of subordinate courts.—Every High Court shall
have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and
practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts
of itself:
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in
respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal
Code (45 of 1860).
11. Power of High Court to try offences committed or offenders found outside jurisdiction.—A
High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to
it, whether the contempt is alleged to have been committed within or outside the local limits of its
jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.
12. Punishment for contempt of court.—(1) Save as otherwise expressly provided in this Act or in
any other law, a contempt of court may be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology
being made to the satisfaction of the Court.
Explanation.—An apology shall not be rejected merely on the ground that it is qualified or
conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a
sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a
court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil
contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of
imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be
detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court
is a company, every person who, at the time the contempt was committed, was in charge of, and was
responsible to, the company for the conduct of business of the company, as well as the company, shall be
deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by
the detention in civil prison of each such person:
Provided that nothing contained in this sub-section shall render any such person liable to such
punishment if he proves that the contempt was committed without his knowledge or that he exercised all
due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to
therein has been committed by a company and it is proved that the contempt has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall also be deemed to
be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the
detention in civil prison of such director, manager, secretary or other officer.
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