Criminal Contempt

Criminal Contempt

Question : Can a Magistrate, before sending reference to high court u/s 15(2) of Contempt of Court, conduct preliminary inquiry to gather little more evidences of criminal contempt? If Yes, authority of preliminary inquiry from which section / act?

Answer : The provision of law you have referred here is In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette. The sub ordinate will not blindly refer the matter before high court without properly analyzing the facts of the case.