15. Cognizance of criminal contempt in other cases.—(1) In the case of a criminal contempt, other
than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its
own motion or on a motion made by—
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the Advocate-General, 1[or]
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[(c) in relation to the High Court for the Union territory of Delhi, such Law Officer as the
Central Government may, by notification in the Official Gazette, specify in this behalf, or any other
person, with the consent in writing of such Law Officer.]
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a
reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation
to a Union territory, by such Law Officer as the Central Government may, by notification in the Official
Gazette, specify in this behalf.
(3) Every motion or reference made under this section shall specify the contempt of which the person
charged is alleged to be guilty.
Explanation.—In this section, the expression “Advocate-General” means,—
(a) in relation to the Supreme Court, the Attorney-General or the Solicitor-General;
(b) in relation to the High Court, the Advocate-General of the State or any of the States for which
the High Court has been established;
(c) in relation to the court of a Judicial Commissioner, such Law Officer as the Central
Government may, by notification in the Official Gazette, specify in this behalf.
16. Contempt by judge, magistrate or other person acting judicially.—(1) Subject to the
provisions of any law for the time being in force, a judge, magistrate or other person acting judicially
shall also be liable for contempt of his own court or of any other court in the same manner as any other
individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.
(2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or
other person acting judicially, regarding a subordinate court in an appeal or revision pending before such
judge, magistrate or other person against the order or judgment of the subordinate court.
17. Procedure after cognizance.—(1) Notice of every proceeding under section l5 shall be served
personally on the person charged, unless the Court for reasons to be recorded directs otherwise.
(2) The notice shall be accompanied,—
(a) in the case of proceedings commenced on a motion, by a copy of the motion as also copies of
the affidavits, if any, on which such motion is founded; and
(b) in case of proceedings commenced on a reference by a subordinate court, by a copy of the
reference.
(3) The Court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep
out of the way to avoid service of the notice, order the attachment of his property of such value or amount
as it may deem reasonable.
(4) Every attachment under sub-section (3) shall be effected in the manner provided in the Code of
Civil Procedure, 1908 (5 of 1908), for the attachment of property in execution of a decree for payment of
money, and if, after such attachment, the person charged appears and shows to the satisfaction of the
Court that he did not abscond or keep out of the way to avoid service of the notice, the Court shall order
the release of his property from attachment upon such terms as to costs or otherwise as it may think fit.
1. Ins. by Act 45 of 1976, s. 2 (w.e.f. 30-3-1976).
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