Defamation or Contempt Case ?
Querist :
Anonymous
(Querist) 21 March 2011
This query is : Resolved
A witness standing in the witness box & giving the evidence or he was cross examined during that time other witness standing by side or any person for the or public sitting in a open court (called as a layman audience) says some bad words to the accused or the witness who was cross examined than it has been said as per the contempt of cour act, 1971 section 2 he was purposelly interfering the court proceedings so it is said that it is a contempt of court & person is laible for contempt case but as per section 10 no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
if any offence is punisable under the IPC, 1860 than no contempt case will be held. So know contempt case should be filed or section 499 (defamamtion) case should be filed against that person. Becasue as th person was givin bad words to xyz person in the court during the proceedings so it is a defamation becasue he was insulting the person without any reason but simaltenoulsy it is contempt of court also so which one will prewill & can both the case (contempt case, Section 499) can be filed on that person ?
Section 10 Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt's of courts subordinate to it and it has and exercise in respect of contempt's of itself.
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
Thanks
God Bless U All.
