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Section 3: Facts to be stated in the motion or reference

The Contempt of Court Act, 1971Central Rules · 1971

(1) Everysuch motionor reference madeunderSection 15 (1) of theAct shall contain in preciselanguage the statementsetting forth the facts constitutingthe contempt of which the person charged is alleged to be guilty and shall specify the date or dates on which the contempt is alleged to have been committed.

(2) Every motion made by the Advocate General under sub-section (2) of Section 15 of the Act shall state the allegations of facts and the view of the informant that in relation to these facts contempt appears to have been committed of which the Courtshouldtake cognizanceand take further action.The motion shouldcontainsufficientmaterialto indicate why the Advocate General is inclined to move the court.

(3) (a) A petitionfor takingcontemptof court proceedings shall be supported by an affidavit.In case of criminalcontempt three copies of the application and the affidavit shall accompanythe application:

Provided that if there are more than one opposite parties, the petition shall be accompanied by as many extra copies as there are opposite parties.

(b) When the petitioner relies upon any document or documents in his possession, he shall file the same along with the petition or a copy thereof as annexure to affidavit.

(c) A petition made under Section 15 (1) (b) of the Act shall also be accompanied by the consent in writing of the Advocate General and a copy thereof.

(4) Every petition is respect of criminal contempt, where it is not moved by the Advocate General and where the consent in writing of the Advocate General had not been obtained, and every petition In regard to criminal contempt of a subordinate court where no reference has been made by it and the petition is moved without the consent of the Advocate General shall clearly state the reasons why the consent in writing of the Advocate General could not be obtained and why the court has been approached to act suo motu.

Where this provision sits

ActThe Contempt of Court Act, 1971
Section3
Marginal noteFacts to be stated in the motion or reference
JurisdictionCentral
StatusIn force as published by the source

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