Publication of information relating to proceeding in chambers or in camera not contempt except in certain cases - (1) Notwithstanding anything contained in this Act, a person shall not be guilty of contempt of court for publishing a fair and accurate report of judicial proceedings before any court sitting in chambers or in camera except in the following cases, that is to say - (a) Where the publication is contrary to the provisions of any enactment for the time being in force.
(b) Where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published.
(c) Where the court sits in chambers or in camera for reason connected with public order or the security of the state, the publication of information relating to those proceedings,
(d) Where the information relates to secret process, discovery or invention which is an issue in the proceedings. (2) Without prejudice to the provisions contained in sub section (1) a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the state, or on the ground that it contains
information relating to secret process, discovery or invention, or in exercise of any power vested on it. 8. Other defences not affected - Nothing contained in this Act shall be construed as implying that any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act. Comments
Since a proceeding in contempt is a quasi-judicial proceeding, the precise nature of contempt must be set out in the motion: Nazamunnissa Shaukat Ali v Municipal Corporation of Greater Bombay, (1990) 1 Mah LR 329 (Bom).
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(b) Where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published.
(c) Where the court sits in chambers or in camera for reason connected with public order or the security of the state, the publication of information relating to those proceedings,
(d) Where the information relates to secret process, discovery or invention which is an issue in the proceedings. (2) Without prejudice to the provisions contained in sub section (1) a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the state, or on the ground that it contains
information relating to secret process, discovery or invention, or in exercise of any power vested on it. 8. Other defences not affected - Nothing contained in this Act shall be construed as implying that any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this Act. Comments
Since a proceeding in contempt is a quasi-judicial proceeding, the precise nature of contempt must be set out in the motion: Nazamunnissa Shaukat Ali v Municipal Corporation of Greater Bombay, (1990) 1 Mah LR 329 (Bom).
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