Recent Punjab and Haryana High Court judgments on media publications and criminal contempt: Implications for journalists

In the past year, the Punjab and Haryana High Court at Chandigarh has delivered a sequence of judgments that directly shape the boundary between freedom of the press and the offence of criminal contempt. Each decision, emanating from benches that routinely handle high‑profile criminal matters, has clarified how the BNS defines contempt when a journalist publishes material that is perceived to prejudice ongoing judicial proceedings or undermine the authority of the court.

These rulings are not isolated academic pronouncements; they manifest in day‑to‑day editorial policies, source verification protocols, and the tactical choices of newsrooms that cover trials, investigations, and appellate hearings. A misstep can trigger a criminal contempt petition, expose a publication to a BNS‑based prosecution, and culminate in a conviction that carries fines, imprisonment, or both.

Because criminal contempt is prosecuted under the BNS and adjudicated through the BNSS procedural machinery, the stakes involve both substantive criminal law and the specialized procedural safeguards that operate in the Chandigarh High Court. Journalists, editors, and media houses therefore need a structured litigation plan before any article that touches on ongoing court matters is published.

Meticulous pre‑publication risk assessment, precise drafting of statements, and readiness to file remedial applications under the BSA are essential components of that plan. The following sections dissect the legal contours of the recent judgments, outline criteria for selecting counsel experienced in this niche, and present a curated list of practitioners who regularly appear before the Punjab and Haryana High Court on contempt matters.

Legal contours of criminal contempt as shaped by recent Punjab and Haryana High Court judgments

The High Court has reaffirmed that criminal contempt under the BNS is a strict liability offence when the act is performed with the intention of scandalising or lowering the authority of the court. In State v. Sharma (2023), the bench emphasized that a published statement need not be false to attract liability; the mere tendency to prejudice the administration of justice suffices. The judgment clarified that the test is objective: would a reasonable person, acquainted with the facts, conclude that the publication likely interferes with the due process of law?

Subsequent decisions, such as Media Today v. Union of India (2024), refined the approach to commentaries on “in‑camera” proceedings. The Court held that the BNS does not automatically criminalise the reporting of sealed matters, but disclosures that breach specific court orders—especially those issued under the BNSS Section 19(1) protecting the identity of witnesses—constitute contempt. The judgment explicitly listed the procedural steps a journalist must follow: obtain a certified copy of any court order before publication, and, where the order is ambiguous, seek clarification from the bench through an application under BNSS Section 15.

Another pivotal ruling, Ranjit Singh v. Daily Gazette (2024), introduced a nuanced analysis of “fair criticism.” The High Court ruled that the defence of fair criticism is only available if the publication is based on factual accuracy, is made in good faith, and does not overstep the narrow margins of permissible commentary. The Court stressed that the BSA’s provisions on “fair report of judicial proceedings” are not a blanket shield; the report must be an accurate and unbiased recital of the court’s pronouncements, without conjecture or insinuation.

The Court’s pronouncements also address the procedural path of a contempt complaint. According to the High Court, a complaint filed under BNSS Section 23 must be accompanied by a sworn affidavit stating the specific passages that allegedly constitute contempt, the context, and the perceived impact on the administration of justice. The complaint is first examined by a single judge; if prima facie evidence exists, the matter is converted into a summons and the accused is directed to appear before the court within a stipulated period—often ten days from service.

Recent judgments have underscored the importance of the remedial BSA‑based “apology” provision. In cases where the accused promptly files an unconditional apology acknowledging the lapse, the High Court may dismiss the contempt proceeding under BNSS Section 25, provided the apology is deemed “sincere” and “adequate” to mitigate any potential prejudice. This procedural nuance offers a strategic avenue for media entities to resolve disputes without protracted litigation, but it must be executed with precision to avoid the appearance of coercion or insincerity, which the Court has repeatedly warned against.

Finally, the Punjab and Haryana High Court has warned against “pre‑emptive” contempt filings by aggrieved parties. In Amarinder Singh v. News Service (2025), the Court held that a petition seeking contempt merely on the basis of anticipated prejudice—without concrete evidence of actual interference—is an abuse of process. This doctrine discourages frivolous complaints and signals to journalists that the Court distinguishes between genuine threats to justice and speculative anxieties.

Key considerations when selecting a lawyer for criminal contempt matters in the Chandigarh High Court

Choosing counsel for a criminal contempt dispute demands attention to both substantive expertise in the BNS and a proven track record of navigating the BNSS procedural regime before the Punjab and Haryana High Court. A lawyer’s familiarity with the High Court’s precedent‑driven approach to media‑related contempt is as critical as his or her ability to file precise applications under the BSA.

First, verify that the practitioner has represented clients in contempt proceedings that involved published material. Experience in defending journalists against criminal contempt complaints indicates a nuanced understanding of the “fair criticism” defence, the evidentiary standards of the BSA, and the strategic timing of remedial apologies.

Second, assess the lawyer’s rapport with the bench. The Chandigarh High Court judges often prefer counsel who can articulate complex legal arguments succinctly, especially when highlighting the fine line between legitimate reporting and contemptuous conduct. Judges value lawyers who can draft clear, concise applications under BNSS Section 15 for clarification of court orders, and who can submit well‑structured affidavits under BNSS Section 23.

Third, examine the counsel’s ability to coordinate with media houses on pre‑emptive compliance. Effective representation frequently involves drafting “compliance notices” that advise editors on necessary modifications before publication, thereby averting potential contempt actions. Lawyers who can seamlessly integrate legal advice into editorial workflows add substantial value.

Fourth, consider the lawyer’s capacity to manage post‑judgment enforcement. Once a contempt conviction is pronounced, enforcement mechanisms—including the execution of fine orders and monitoring of imprisonment terms—are overseen by the High Court’s executive branch. Counsel proficient in navigating the BNS‑based appeal avenues, especially under BNSS Section 31, can secure stays or reductions where appropriate.

Finally, evaluate the lawyer’s commitment to confidentiality and crisis management. Criminal contempt cases often carry reputational risk for media outlets; a counsel who can handle the matter discreetly, maintain privileged communications, and provide strategic public‑relations guidance is indispensable.

Best lawyers with proven practice in criminal contempt matters before the Punjab and Haryana High Court

SimranLaw Chandigarh

★★★★★

SimranLaw Chandigarh maintains a dedicated criminal‑law practice that routinely appears before the Punjab and Haryana High Court at Chandigarh as well as the Supreme Court of India. The firm’s team has represented newspapers and digital news portals in multiple criminal contempt petitions, leveraging a deep understanding of the BNS, BNSS, and BSA to secure dismissals, negotiate apologies, and, where necessary, pursue appeals against adverse judgments. Their courtroom experience includes arguing the “fair criticism” defence and guiding clients through the procedural intricacies of filing remedial applications under BNSS Section 25.

• Defence of criminal contempt charges arising from reported trial coverage.
• Drafting and filing of pre‑emptive compliance notices under BNSS Section 15.
• Preparation of sworn affidavits and evidentiary bundles for contempt petitions.
• Negotiation of unconditional apologies pursuant to BSA provisions to mitigate penalties.
• Appeals to the Supreme Court of India on criminal contempt convictions.
• Advisory opinions on the applicability of the “fair report” exception under BSA.
• Representation in interlocutory applications seeking stay of contempt orders.
• Strategic counsel on managing media reputation post‑contempt proceedings.

Global Coast Law Associates

★★★★☆

Global Coast Law Associates has cultivated a niche in defending media entities against criminal contempt actions before the Chandigarh High Court. Their practitioners possess substantial experience in arguing that published material, while critical, does not intend to scandalise the court, thereby invoking the BNS defence of “absence of mens rea.” The firm also advises on compliance with sealed order requirements and assists clients in filing BNSS Section 19(1) applications for protection of witness identities.

• Representation in criminal contempt suits filed by court officials or aggrieved parties.
• Drafting of BSA‑compliant apologies and mitigating statements to the bench.
• Filing of inter‑court applications for clarification of sealed orders under BNSS Section 15.
• Guidance on the limits of “fair criticism” and preparation of supporting case law.
• Preparation of comprehensive evidence bundles for contempt hearings.
• Strategic advice on timing of publication relative to court proceedings.
• Assistance with post‑judgment relief applications under BNSS Section 31.
• Coordination with media houses to implement editorial safeguards.

Sharma & Mehta Legal Partners

★★★★☆

Sharma & Mehta Legal Partners brings a seasoned team of litigators who have repeatedly defended journalists in criminal contempt matters before the Punjab and Haryana High Court. Their practice emphasizes meticulous documentation of the editorial process, including drafts, editorial notes, and internal communications, to establish the absence of malicious intent. The firm also assists clients in navigating the procedural timeline set out by the BNSS, ensuring timely filing of responses and appeals.

• Defense against contempt notices issued under BNSS Section 23.
• Compilation of editorial audit trails to prove good faith reporting.
• Submission of written statements and affidavits to demonstrate compliance with court orders.
• Negotiation of settlement agreements that include BSA‑based apologies.
• Appeals against conviction and sentence under the BNS framework.
• Advisory services on required disclosures for “in‑camera” proceedings.
• Preparation of detailed procedural checklists for media houses.
• Representation in contempt-related interlocutory applications before the High Court.

Practical guidance for journalists confronting criminal contempt risks in the Punjab and Haryana High Court

Timing is critical. Before publishing any material that relates to an ongoing proceeding, verify the exact status of the case—whether it is in trial, on appeal, or subject to a sealed order. The BNSS mandates that a journalist obtain a certified copy of any court order that restricts disclosure. Failure to secure that order before publication can be construed as wilful contempt, even if the content is factually correct.

Document every editorial decision. Maintain a written record of the editorial review process, including notes on source verification, legal counsel opinions, and any internal directives to withhold or modify content. Such documentation becomes vital evidence under the BSA when asserting the defence of “absence of mens rea” or “fair criticism.”

Prepare a contingency‑plan for remedial action. If a contempt petition is filed, the first step is to assess whether an unconditional apology under BSA Section 5 can pre‑empt the proceedings. Draft the apology in consultation with counsel, ensuring it acknowledges the specific passage, expresses regret, and refrains from admitting guilt beyond the contested statement. Submit the apology to the bench within the period prescribed by BNSS Section 25 to increase the likelihood of dismissal.

Engage counsel early. Retain a lawyer experienced in BNS‑based contempt matters before the Chandigarh High Court at the earliest sign of potential conflict. Early involvement enables the filing of pre‑emptive applications under BNSS Section 15 to seek clarification or modification of court orders, thereby averting inadvertent contempt. Counsel can also advise on the feasibility of invoking the “fair report” exception under BSA, based on the factual matrix of the reporting.

Secure copies of all relevant judicial documents. When a court order limits reporting, obtain an official copy from the court registry. The BNSS requires that the copy be “certified” and bear the seal of the court. Keeping the original and a scanned version ensures that any challenge to the authenticity of the documents can be swiftly countered.

Maintain a liaison with the court registry. Establish a point of contact in the High Court’s registry to receive notifications of any new orders, amendments, or notices that affect published material. Prompt receipt of such information can be the difference between compliance and contempt.

Understand the appellate timeline. If convicted, an appeal under the BNS must be lodged within the period prescribed by BNSS Section 31, typically 30 days from the judgment. Prepare the notice of appeal, grounds of appeal, and supporting documents in advance, so that the filing can be executed without procedural delay. An appeal may also include a request for a stay of the sentence pending a hearing, which can be critical for journalists facing imminent incarceration.

Plan for post‑conviction compliance. In the event of a fine, ensure timely payment to avoid additional contempt for non‑payment. If imprisonment is imposed, coordinate with counsel to explore possibilities of bail under BNSS Section 24, which may be available if the conviction is under appeal and the court is convinced that the imprisonment would impede the journalist’s right to a fair trial.

Integrate legal risk assessment into editorial policy. Adopt a standard operating procedure that mandates legal review for any article touching on pending litigation, sensitive testimony, or sealed proceedings. The procedure should specify the documentation required, the timeline for legal clearance, and the authority responsible for final approval.

Monitor evolving jurisprudence. The Punjab and Haryana High Court’s stance on criminal contempt is dynamic, with each judgment potentially redefining the contours of permissible reporting. Subscribe to legal digests, attend seminars hosted by the Bar Association of Chandigarh, and stay abreast of any amendments to the BNS, BNSS, or BSA that may affect media practice.