THE CONTEMPT OF COURTS ACT, 1926

(ACT NO. XII OF 1926).
  [8th March, 1926]
 
   
     
    An Act to define and limit the powers of certain Courts in punishing contempts of courts.
 
    WHEREAS doubts have arisen as to the powers of 1[ the High Court Division] to punish contempts of Courts;

AND WHEREAS it is expedient to resolve these doubts and to define and limit the powers exercisable by 2[ the High Court Division] in punishing contempt of Court; It is hereby enacted as follows:-
   
 
 
 
  Short title, extent and commencement  
1. (1)This Act may be called the Contempt of Courts Act, 1926.

(2) It extends to the whole of 3[ Bangladesh].

(3) It shall come into force on such date as the 4[ Government] may, by notification in the official Gazette, appoint.
 
 
 
  Power of superior Courts to punish contempts of court  
2. (1) Subject to the provisions of sub-section (3), the 5[ High Court Division] shall have and exercise the same Jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt of courts subordinate to 6[ it as it has and exercises in respect of contempts of itself].

(2) 7[ Omitted by section 4 of the Contempt of Courts (Amendment) Ordinance, 1959 (Ordinance No. XLV of 1959).]

(3) 8[ The High Court Division shall not] 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 [Penal Code].
 
 
 
  Limit of punishment for contempt of court  
3. Save as otherwise expressly provided by any law for the time being in force, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand 9[ Taka], or with both

Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court:

Provided further that notwithstanding anything else where contained in any law 10[ the High Court Division shall not] impose a sentence in excess of that specified in this section for any contempt either in respect of itself or of a Court subordinate to it.
 
 
 
1 The words `the High Court Division` were substituted, for the words `a High Court of Judicature` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

2 The words `the High Court Division` were substituted, for the words `High Courts` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

3 The word `Bangladesh` was substituted, for the word `Pakistan` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

4 The word `Government` was substituted, for the words `Central Government` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

5 The words `High Court Division` were substituted, for the words `High Courts` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

6 The words `it as it has and exercises in respect of contempts of itself` were substituted, for the words `them as they have and exercise in respect of contempts of themselves` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

7 The words `The High Court Division shall not` were substituted, for the words `No High Court shall` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

8 The words `Penal Code` were substituted, for the words `Pakistan Penal Code` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

9 The word `Taka` was substituted, for the word `rupees` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

10 The words `the High Court Division shall not` were substituted, for the words `no High Court shall` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

 
 

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Ministry of Law, Justice and Parliamentary Affairs