95

THE HIGH COURT OF KARNATAKA

(CONTEMPT OF COURT PROCEEDINGS)
RULES, 1981
96
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THE HIGH COURT OF KARNATAKA

(CONTEMPT OF COURT PROCEEDINGS) RULES, 1981

Rules CONTENTS Page No.

1. Title 99
2. Definition 99
3. Form of motion 99
4. Parties to proceedings 99
5. Contents of Petition 99
6. Taking Cognizance 100
7. Initiation of proceedings on Information 100
8. Preliminary hearing and notice 100
9. Appearance of the Accused 100
10. Hearing of Cases and Trial 101
11. Conducting of Proceedings 101
12. Compelling Attendance 101
13. Procedure for Trial 101
14. Power to Order Attendance for Cross-examination 102
15. Power to order attendance of witnesses and Discovery or
102
production of Documents
16. Execution of sentence 102
17. Execution of Processes 102
18. Costs 102
19. Procedure on Forfeiture of the Bond 102
20. Application of the High Court of Karnataka Rules, 1959 102
21. Repeal and savings 102
Form 1 103
Form 2 104
Form 3 105
Form 4 106
Form 5 107
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RULES MADE BY THE HIGH COURT OF KARNATAKA, BANGALORE

No. RPS 153/80 Dated 23-12-1980
THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS)
RULES, 1981
(Published in the Karnataka Gazette, Part-IV-2-D dated 01.01.1981)
In exercise of the powers conferred by Article 215 of the Constitution of the
India, section 23 of the Contempt of Courts Act, 1971, and all other powers
enabling in that behalf, to regulate the proceedings for contempt of itself or of a
Court subordinate to it, the High Court of Karnataka makes the following rules.
1. Title.- (1) These rules shall be called the High Court of Karnataka
(Contempt of Court Proceedings) Rules, 1981.
(2) They shall come into force on the date of publication in the Karnataka
Gazette.
2. Definition.- In these rules, unless the context otherwise requires, the
words and expressions shall have the meaning as defined in this rule:
(i) "Act" means the Contempt of Courts Act, 1971 (Act 70 of 1971);
(ii) "Code" means the Code of Criminal Procedure, 1973 (Act 2 of 1974);
(iii) "High Court' means the High Court of Karnataka;
(iv) "Form" means the form set out in the Appendix to these rules; and
(v) All other words and expression shall have the same meanings as defined
in the Act.
3. Form of motion.- (i) Every motion for taking action for contempt of the
High Court shall be in the Form of a petition and shall be entitled "in the matter of
proceeding for contempt of High Court under Article 215 of the Constitution and
the Contempt of Courts Act, 1971" and
(ii) Every motion for taking action for contempt of any Court subordinate to
the High Court, shall be in the form of a petition and shall be entitled "in the
matter of proceeding for contempt under the Contempt of Courts Act, 1971."
4. Parties to proceedings.- (i) The party who presents the petition shall be
described as "Complainant" and
(ii) in all proceedings, for contempt, the alleged contemner shall be described
as "accused".
5. Contents of Petition.- (i) The petition shall set out the following
particulars:
(a) The name, age, occupation and address of the complainant and of the
accused;
(b) the grounds and material facts on the basis of which action is sought;
(c) the nature of the order sought from the court; and
(d) if a petition has previously been made by the complainant on the same
facts, the details and the decision thereof.
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(ii) When the complainant relies upon any document or documents in his
possession, he shall file them alongwith the petition.
(iii) In case of 'Civil Contempt' certified copy of the judgment decree, order writ
or undertaking, which is alleged to have been disobeyed shall be filed alongwith the
petition.
(iv) In the case of 'Contempt of Subordinate Court' the complainant shall state
whether the alleged contempt is not an offence punishable under the Indian Penal
Code.
(v) In the case of criminal contempt of the High Court other than a contempt
referred to in section 14 of the Act, the complainant shall state whether he has
obtained the consent of the Advocate General and if so, produce the same.
Nothing shall preclude the High Court from taking action suo motu on the
basis of the information disclosed.
(vi) The petition shall be accompanied by an affidavit verifying the facts relied
upon and that the documents produced are true copies of the originals if they are
not originals, or certified copies of the originals.
6. Taking Cognizance.- Every proceeding for contempt shall be dealt with by
a Bench of not less than two judges:
Provided a proceeding under section 14 of the Act shall be dealt with by the
Judge or Judges, in whose presence or hearing the offence is alleged to have been
committed and in accordance with the provisions thereof.
7. Initiation of proceedings on Information.- (i) Any information other than
a petition or reference shall, in the first instance be placed before the Chief Justice
in the administrative side.
(ii) If the Chief Justice or such other Judge as may be designated by him for
the purpose, considers it expedient or proper to take action under the Act, he shall
direct that the said information be placed for preliminary hearing.
(iii) On such direction the matter shall be dealt with in accordance with Rule 8
treating the information as a petition.
8. Preliminary hearing and notice.- (i) Every petition or reference shall be
posted for preliminary hearing before the appropriate Bench.
(ii) (a) The Court, if satisfied that a prima facie case has been made out, may
direct issue of notice to the accused; otherwise it shall dismiss the petition or reject
the reference.
(b) The notice shall be in Form 1 and shall be accompanied by a copy of the
petition or reference or information, and annexures if any thereto.
9. Appearance of the Accused.- (i) In every case of Criminal Contempt, the
accused shall appear in person before the High Court on the first date of hearing
and on every subsequent date to which the case is posted, unless exempted by an
order of the Court.
(ii) In every case of civil contempt, the accused shall appear either in person or
by Counsel before the High Court, on the first date of hearing and on every
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subsequent date to which the case is posted, but shall appear in person whenever
directed by the High Court.
10. Hearing of Cases and Trial.- (i) The accused may file his reply duly
supported by an affidavit on or before the first date of hearing or within such
extended time as may be granted by the Court.
(ii) Upon consideration of the reply filed by the accused and after hearing the
parties, the Court may drop the proceeding and discharge the accused;
(iii) if the court, upon hearing, is satisfied that there is prima facie case, it
shall proceed to frame the charge and furnish a copy of the same to the accused;
(iv) The charge shall be read over and explained to the accused and the Court
shall record his plea, if any.
(v) If the accused pleads guilty, the Court may adjudge him guilty and proceed
to pass such sentence as it deems fit;
(vi) If the accused pleads not guilty, the case may be taken up for trial on the
same day or posted to any subsequent date as directed by the Court.
11. Conducting of Proceedings.- The Court may direct the Advocate General
or any other Advocate to appear and conduct the proceedings against the accused.
12. Compelling Attendance.- (i) The Court may, if it has reason to believe
that the accused is absconding or is otherwise evading service of notice, or if he
fails to appear in person or to continue to remain present in person in pursuance
of the notice, direct a warrant, bailable or non-bailable, for his arrest addressed to
one or more police Officers or may order attachment of property. The warrant shall
be issued in Form No. 2 and shall be executed, as far as may be in the manner
provided for execution of warrants under the Code.
(ii) The warrant, shall be executed by the Police Officer or Officers to whom it
is directed, and may also be executed by any other Police Officer whose name is
endorsed upon the warrant by the Officer whom it is directed or endorsed.
(iii) Where a warrant is to be executed outside the State of Karnataka, the
Court may, forward it to the Magistrate of the District or the Superintendent of
Police or Commissioner of Police of the district within which the accused is believed
to be residing or to any Police Officer in Karnataka. The Magistrate or the Police
Officer to whom the warrant is forwarded shall endorse his name thereon, and
cause it to be executed.
(iv) Every person who is arrested and detained shall be produced before the
nearest Magistrate within a period of twenty-four hours of such arrest excluding
the time necessary for the journey from the place of arrest to the Court of the
Magistrate, and no such person shall be detained in custody beyond the said
period without the authority of a Magistrate.
13. Procedure for Trial.- Except as otherwise provided in the Act and these
rules, the procedure prescribed for summary trials under Chapter XXI of the Code
shall as far as practicable be followed in the trial of cases of contempt.
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14. Power to Order Attendance for Cross-examination.- The Court may,

either suo motu, or on motion made for that purpose, order the attendance for
cross-examination of a person whose affidavit has been filed in the matter.
15. Power to order attendance of witnesses and Discovery or production
of Documents.- The Court may make order for the purpose of securing attendance
of any person to be examined as a witness and for discovery or production of any
document.
16. Execution of sentence.- (i) if the accused is found guilty and is sentenced
to imprisonment other than imprisonment till rising of the Court, a warrant of
commitment and detention shall be made out in Form 3 under the signature of the
Registrar of High Court. Every such warrant shall remain in force until it is
cancelled by order of the Court or until it is executed. The Superintendent of Jail
specified in the order shall, in pursuance of the warrant, detain the contemner in
custody for the period specified therein subject to such further direction as the
Court may give.
(ii) When the Court awards a sentence of fine and the fine amount is not paid
at once or within such time as may be granted by the Court, the Registrar shall
take action in any one of the ways provided in section 421 of the Code.
(iii) Warrants to be issued under sub-rule (ii) shall be in Forms 4 and 5 as the
case may be.
(iv) The report of the action taken by the Superintendent of the Jail or the
Police Officer or Deputy Commissioner to whom the warrant under sub-rule (iii)
might have been addressed shall be filed in the records of the case.
17. Execution of Processes.- Processes issued by the Court shall except as
otherwise specifically provided be executed by the Superintendent of
Police/Commissioner of Police as the case may be.
18. Costs.- (i) The Court may award such costs as it deems fit in the
circumstances of the case.
(ii) The costs so awarded shall be recovered in the same manner as costs
awarded in Writ Proceedings.
19. Procedure on Forfeiture of the Bond.- If any bond given for the
appearance of an accused is forfeited due to the absence of the accused, the Court
may, after giving opportunity to the accused or the surety as the case may be, levy
the whole or any part of the amount mentioned in the bond as penalty and direct
the same to be recovered as if it were a fine imposed on the accused under the
Code.
20. Application of the High Court of Karnataka Rules, 1959.- In matters
not specifically provided for in these rules, the procedure prescribed in the High
Court of Karnataka Rules, 1959 as amended from time to time, shall mutatis
mutandis apply to the proceedings under these rules.
21. Repeal and savings.- The rules to regulate Contempt proceedings in the
High Court of Karnataka, 1967 are hereby repealed subject to the provisions of
section 6 of the General Clauses Act.
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Contempt of Courts Case

Form 1
(Rule 8(ii)(b)
Notice to Accused
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
CONTEMPT OF COURTS CASE NO....... 20...
Complainant
Vs
Accused
To,
(Here mention the name and address of the accused)
Whereas, information is laid/ a petition or Reference is made by ......... that
you( here mention the gist of the accusation made in the information petition or
reference); and whereas a case has been registered against you for action being
taken against you under the Contempt of Courts Act, 1971.
You are hereby required to appear in person or by an Advocate duly instructed
on .......... day of .......... 20........... and show cause why such action as is deemed fit
should be taken against you.

Given under my hand and the seal of this Court, this .......... day of .........
20.....

Seal Registrar

__________________________________________________
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Contempt of Courts Case

Form 2
Rule 12 (i)
Warrant for production of Accused
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
CONTEMPT OF COURTS CASE NO.......... 20..........

Complainant
Vs.
Accused

To,
The Superintendent of Police,
....................District.

Whereas ................ the accused aforesaid has filed to appear before this Court
to answer a charge of an offence under the Contempt of Courts Act, 1971 or
satisfactorily account for his absence on ..............which had been fixed for hearing
of the case;
This is to require you to arrest the accused ............. aforesaid and produce
him before this Court and return this warrant duly executed on or before the
............... day of ........ 20...
If the accused aforesaid binds himself in a sum of Rs.1000 to this Court with
one surety for a like sum before any Magistrate to appear on the said date of
hearing and all future dates to which the case may be posted, he may be released.
(The portion relating to bail shall be struck out if the Court has ordered a non-
bailable warrant).
Herein fail not.
Given under my hand and the seal of this Court, this ............... day of
.............20......

Seal Registrar.
____________________________________________________________
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Contempt of Courts Case

Form 3

Rule 16(i)

Warrant of Commitment to Prison

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Contempt of Courts Case No............... 20.......

Complainant
Vs.
Accused

To,
The Superintendent
Central Jail, Bangalore

Whereas, on the ..............day of ............... 20...(name of Prisoner in full)

accused in the above case was convicted by this Court of an offence under the
Contempt of Courts Act, 1971 and under Article 215 of the Constitution for
committing contempt of this Court/the Court of ....... and was sentenced to (state
the punishment full and distinctly)...........
This is to authorise and require you, the Superintendent to receive the
said........ (Prisoner's name) into your custody in the said jail together with this
warrant and then carry the aforesaid sentence into execution according to law.
Given under my hand and the seal of the Court this .................... day of
.............20....

Seal Registrar
______________________________________________________
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Contempt of Courts Case

Form 4
Rule 16 (ii) & (iii)
Warrant for attachment of movables
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Contempt of Courts Case No............... 20..
Complainant
Vs.
Accused
To,
The Superintendent of Police,
.............. District.
Whereas (name and description of the accused) .............................. the accused
aforesaid, has this day been convicted by this Court of the offence of contempt of
this Court/the Court of .............under Article 215 of the Constitution and the
Contempt of Courts Act, 1971 and sentenced to pay a fine of Rupees................ and
whereas, the said..................... (name) although required to pay the said fine has
not paid the same or any part thereof.
This is to authorise and require you to attach any moveable property
belonging to the said ............. (name) although required to pay the said fine has
not paid the same or any part thereof.
This is to authorise and require you, to attach any moveable property
belonging to the said................. (name) which may be found within the district of
............. and if within......... (state the number of days or hours allowed) next after
such attachment, the said sum shall not be paid to sell the moveable property
attached or so much thereof, as shall be sufficient to satisfy the said fine, returning
this warrant, with an endorsement certifying what you have done under it,
immediately upon its execution.
Given under my hand and the seal of the Court, this ............... day of
.............. 20.......

Seal Registrar
_________________________________________________
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Contempt of Courts Case

Form 5
Rule 16(iii)
Warrant of attachment to
Deputy Commissioner.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Contempt of Court Case No. ...........20...
Complainant
Vs.
Accused.
To,
The Deputy Commissioner,
..................District,
Whereas (name and description of the Accused) …………………………, the
accused aforesaid has this day been convicted by this Court under Article 215 of
the Constitution and the Contempt of Courts Act, 1971 for committing a contempt
of this Court/the Court .................. and sentenced to pay a fine of Rupees...........
and whereas, he has not paid the said fine/the sum of ......................being the part
thereof.
This is to authorise and require you to realise the amount by execution
according to civil process against the moveable or immovable property or both of
the accused aforesaid in the manner provided by section 421 of the Code of
Criminal Procedure, 1973.
This order shall be deemed to be a decree and you the decree-holder within
the meaning of the Code of Civil Procedure, 1908 and the order shall be executable
as such decree.
Given under my hand and the seal of this Court this .............. day of
..............20.......

Seal Registrar.
_________________________________________________