STATE OF MADHYA PRADESH Vs. NANDRAM

JUDGEMENT

(1.) THE only question involved in these proceedings is whether the Nyaya Panchayat Court constituted under the Madhya Bharat Panchayat Vidhan Samvat 2006 has jurisdiction to punish an accused for its contempt when the offence is committed within its view.

(2.) IN order to appreciate the two opposing views on this question it will be necessary to refer to certain provisions under Criminal Procedure Code and the Madhya Bharat Panchayat Act.

(3.) SECTION 480 of the Criminal Procedure Code which deals with the power of a Court to punish a person for its contempt is as follows: When any such offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Indian Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred rupees, and, in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. The word 'court' is not defined under the Criminal Procedure Code. According to Stroud's Judicial Dictionary the word 'court' means 'a place where justice is judicially administered. ' Section 19 of the Indian Penal Code defines 'judge' and Section 20 defines 'court of Justice. '