No person should be punished for contempt of court which is a criminal offence unless the specific offence charged against him be distinctly stated and an opportunity of answering it given to him. A formal charge is not necessary but he must be told of the matter.**** Sri Lanka Law Reports 1987 - Volume 1 , Page No - 125 ***Contempt of court-S. 388 of Code of Criminal Procedure Act-Charge-Necessity to inform accused of charge. No person should be punished for contempt of court which is a criminal offence unless the specific offence charged against him be distinctly stated and an opportunity of answering it given to him. A formal charge is not necessary but he must be told of the matter.

 




 Contempt of court-S. 388 of Code of Criminal Procedure Act-Charge-Necessity to inform accused of charge. No person should be punished for contempt of court which is a criminal offence unless the specific offence charged against him be distinctly stated and an opportunity of answering it given to him. A formal charge is not necessary but he must be told of the matter. 

Cases referred to: (1) Mohotta v. Pula-11878) 2 SCC 8. (2) In re Pollard-(1868) 16 ER 47; 5 Moore N.S. III. (3) Daniel Appuhamy v. The Queen-(1962) 64 NLP 481. 484 (P.C.). (4) Senanayake v. Kirihamy et al-2 CWR 65. (5) Rex v. Amadoru—(1911) 14NLR481. (6) Cheng Hang Kui v. Pigott-1909 AC 312


Read judgment - click here 

Comments

Popular posts from this blog

constructive trust - synopsys of a presentation

EQUITY SAVES A MAN AND HIS RESIDENCIAL HOUSE- CONSTRUCTIVE TRUST SUPREME COURT RECENT JUDGMENT ARJUNA OBEYSEKERA J

some selected