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?

  1. Even if Parliament were to repeal the Contempt of Courts Act, 1971, High Courts would still be able to punish contempt of themselves.
  2. 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?

  1. A group of advocates forcing other counsel to leave a courtroom while a hearing is going on
  2. A government department wilfully not complying with a writ directing it to reinstate an employee
  3. A litigant wilfully breaching an undertaking, given to the court, to vacate a disputed premises
  4. 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?

  1. A High Court may take cognizance of criminal contempt of itself on its own motion.
  2. Criminal contempt of a subordinate court may come before the High Court on a reference made by that subordinate court.
  3. 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?

  1. 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.
  2. A High Court can inquire into a contempt of itself even where the contempt was committed outside the local limits of its jurisdiction.
  3. 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?

  1. 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.
  2. 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?

  1. Contempt of court is one of the grounds on which reasonable restrictions may be imposed on the right to assemble peaceably and without arms.
  2. Professional misconduct by an advocate can be proceeded against only through contempt proceedings, since advocates are officers of the court.
  3. 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?

  1. Criminal contempt includes any act that interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice.
  2. 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.
  3. 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