UPSC Prelims Practice Questions — Contempt proceedings initiated after ruckus by advocates in HC
Q1. Consider the following statements: Which of the following is correct in respect of the above statements?
- Even if Parliament were to repeal the Contempt of Courts Act, 1971, High Courts would still be able to punish contempt of themselves.
- The Constitution makes every High Court a court of record with all the powers of such a court, including the power to punish for contempt of itself.
- A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- C. Statement-I is correct, but Statement-II is incorrect
- D. Statement-I is incorrect, but Statement-II is correct
Q2. Under the Contempt of Courts Act, 1971, consider the following acts: Which of the acts given above would constitute criminal contempt rather than civil contempt?
- A group of advocates forcing other counsel to leave a courtroom while a hearing is going on
- A government department wilfully not complying with a writ directing it to reinstate an employee
- A litigant wilfully breaching an undertaking, given to the court, to vacate a disputed premises
- A publication that tends to prejudice the fair conduct of a pending criminal trial
- A. 1, 2 and 4 only
- B. 1 and 4 only
- C. 1, 3 and 4 only
- D. 2 and 3 only
Q3. With reference to how a High Court takes action in cases of criminal contempt under the Contempt of Courts Act, 1971, consider the following statements: Which of the statements given above is/are correct?
- A High Court may take cognizance of criminal contempt of itself on its own motion.
- Criminal contempt of a subordinate court may come before the High Court on a reference made by that subordinate court.
- A contempt committed in the face of the High Court must first be brought through a motion or reference under the general cognizance provision before the court can act on it.
- A. 1 only
- B. 2 and 3 only
- C. 1 and 2 only
- D. 1, 2 and 3
Q4. With reference to the jurisdiction of a High Court under the Contempt of Courts Act, 1971, consider the following statements: Which of the statements given above is/are correct?
- A High Court can punish contempt of a court subordinate to it even where the act complained of is itself an offence punishable under the penal law.
- A High Court can inquire into a contempt of itself even where the contempt was committed outside the local limits of its jurisdiction.
- A contemnor may be discharged, or the punishment remitted, on an apology made to the court's satisfaction, and a bona fide apology cannot be rejected merely because it is qualified or conditional.
- A. 2 and 3 only
- B. 3 only
- C. 1, 2 and 3
- D. 1 and 2 only
Q5. Consider the following statements: Which of the following is correct in respect of the above statements?
- The Contempt of Courts Act, 1971 bars a court from imposing a sentence beyond the Act's prescribed maximum even when it is punishing contempt of itself.
- The power of a High Court to punish contempt of itself is conferred by the Contempt of Courts Act, 1971.
- A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- C. Statement-I is correct, but Statement-II is incorrect
- D. Statement-I is incorrect, but Statement-II is correct
Q6. Advocates in a State boycotted courts to protest attacks on lawyers, and some of them disrupted proceedings inside a court hall. In this context, consider the following statements: Which of the statements given above is/are correct?
- Contempt of court is one of the grounds on which reasonable restrictions may be imposed on the right to assemble peaceably and without arms.
- Professional misconduct by an advocate can be proceeded against only through contempt proceedings, since advocates are officers of the court.
- A State Bar Council that has reason to believe an advocate on its roll is guilty of professional or other misconduct must refer the case to its disciplinary committee.
- A. 1 only
- B. 1 and 3 only
- C. 2 and 3 only
- D. 3 only
Q7. Consider the following assertion: Advocates disrupting proceedings in a court hall to enforce a boycott call commit criminal contempt rather than civil contempt. Which of the following statements support/supports the above assertion?
- Criminal contempt includes any act that interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice.
- Civil contempt is confined to wilful disobedience of a court's judgment, decree, direction, order, writ or other process, or wilful breach of an undertaking given to a court.
- Criminal contempt can be proceeded against only on a motion made by the Advocate-General of the State.
- A. 1, 2 and 3
- B. 1 and 2 only
- C. 2 and 3 only
- D. 1 only
Q8. A private litigant wants a High Court to initiate criminal contempt proceedings against a newspaper over a publication that allegedly scandalises the High Court. The Advocate-General declines to give written consent. Which of the following correctly describes the legal position under the Contempt of Courts Act, 1971?
- A. The High Court is barred from acting at all, as the refusal of consent binds the court as well
- B. The litigant may proceed, as such consent is needed only for contempt of subordinate courts
- C. The litigant's motion is not maintainable, but the High Court may still act on its own motion
- D. The litigant may proceed, as such consent is needed only where the contemnor is a public servant