The Delhi High Court notified the Contempt Of Courts (Delhi High Court) Rules, 2025 to regulate contempt proceedings for itself and subordinate courts.
As per the Rules if the High Court finds a person guilty of contempt in its presence or hearing, it may detain them and, before the Court rises or as soon as possible, inform them in writing of the charge (as per Form-I), provide an opportunity for defense, consider evidence, hear the accused, and decide on the charge.
The Court will then pass an order as per Section 12 of the Contempt of Courts Act. If the accused requests, either verbally or in writing, to be tried by a different Judge, and the Court deems it appropriate, the matter will be placed before the Chief Justice, who may assign it to an appropriate Bench, typically a Division Bench unless a larger Bench is necessary.
Pending the decision, the Court may detain the accused, but bail can be granted with or without sureties, ensuring their attendance at future hearings.
If another Bench conducts the trial, the Judge(s) before whom the contempt occurred will not need to testify, and the written statement submitted to the Chief Justice will serve as evidence.
As per the rules the High Court may take cognizance of civil contempt in the following cases: on a petition filed by an aggrieved party, based on information submitted by the Registrar General, upon a reference from a district court in cases of civil contempt, or on its own (suo motu).
The High Court may take cognizance of criminal contempt, other than contempt in its presence, in the following ways: on the motion or recommendation of the Law Officer, on the motion of any other person with prior written consent of the Law Officer, on a reference under Section 15(2) of the Act from a district court or an application received by the High Court, on information from the Registrar General or any other person, or on its own (suo motu).
However, no contempt proceedings shall be initiated after one year from the date of the alleged contempt. If the information comes from a person not mentioned in Section 15 of the Act, including the Registrar General, the procedure outlined in Rule 9(3) shall be followed.
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