Published on: October 8, 2023 at 09:57 IST
Court: Supreme of India
Citation: Bar Council of India V. High Court of Kerala (2004)
Honourable Supreme of India has held that Section 345 of the Code of Criminal Procedure deals with five classes of contempt, namely:
- Intentional omission to produce a document by a person legally bound to do so;
- Refusal to take oath when duly required to take one
- Refusal to answer questions by one legally bound to state the truth
- Refusal to sign a statement made to a public servant when legally required to do so
- intentional insult or interruption to a public servant at any stage of a judicial proceeding.
26. Section 346 provides for the procedure where the court is of the opinion that the offender should be imprisoned otherwise than in default of payment of fine or that a fine exceeding two hundred rupees should be imposed on him or such court is for any reason of the opinion that the case should not be disposed of under Section 345, such court after recording the facts constituting the offence and the statement of the accused may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate or if sufficient security is not given, shall forward such person in custody to such Magistrate.
Drafted By Abhijit Mishra
