Contempt of Court in Bangladesh 2026: Article 108, the 1926 Act, Petitions and Penalties

Contempt of court Bangladesh: the law and practice in 2026

Contempt of court Bangladesh law rests on one constitutional sentence and one colonial statute. Article 108 of the Constitution makes the Supreme Court a court of record with power, subject to law, to investigate and punish contempt of itself, and the Contempt of Courts Act 1926 still sets the statutory frame after the High Court Division struck down its 2013 replacement. In 2025 and 2026 the courts used that power against a city corporation administrator, a former Prime Minister, a district bar's leadership and lawyers posting on Facebook.

This guide explains where the power comes from, how civil and criminal contempt differ, why breach of a civil injunction usually belongs in a different proceeding, how a contempt petition runs in the High Court Division, what an apology achieves, the punishments available, and how the rules apply to government officials and to the media. Companion TRW guides cover the writ, injunction and High Court Division procedure that contempt proceedings so often follow.

Summary: The Supreme Court's contempt power comes from Article 108 of the Constitution; the Contempt of Courts Act 1926, restored when the 2013 Act was declared unconstitutional, caps punishment at six months' simple imprisonment, a Tk 2,000 fine or both. Most cases are contempt petitions alleging wilful disobedience of an order, on which the High Court Division issues a Rule to show cause. Proof must be beyond reasonable doubt, an unconditional apology often ends the matter, and a person punished by the High Court Division has an appeal as of right to the Appellate Division.

Key point: Contempt is not a collection tool. The High Court Division said in November 2025 that its contempt jurisdiction exists "to protect the dignity of the Court and not to satisfy the grudge of any private individual", that wilful violation must be proved beyond reasonable doubt, and that a respondent who was not the implementing authority will be exonerated. Name the right officer, prove knowledge and prove the breach.

At a glance

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Table of Contents

Where contempt of court Bangladesh law comes from

Every rule of contempt of court Bangladesh courts apply traces back to Part VI of the Constitution. Article 108 provides that the Supreme Court is a court of record with all the powers of such a court, including the power, subject to law, to make an order for the investigation of or punishment for any contempt of itself.[1] The Supreme Court comprises the Appellate Division and the High Court Division, so both exercise the power over their own orders.

The High Court Division has described the summary power to punish for contempt as "not a creature of statute but an inherent incident of every Court of record".[7] That explains why the courts treat Article 108 as the source and statute as a limit. The phrase "subject to law" lets Parliament regulate the power, but, as the 2013 litigation showed, not to the point of hollowing it out.[4]

Article 112 and the duty to act in aid

Article 112 requires all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court.[1] Article 111 makes the law declared by the Appellate Division binding on the High Court Division and the law declared by either Division binding on all courts subordinate to it.[1] Together these provisions turn a judgment against a ministry or statutory body into a direct constitutional obligation on the officers who must implement it. Ignoring the judgment is therefore not simply a breach of a private right; it is the core case of contempt.

Article 109 and the subordinate courts

Article 109 gives the High Court Division superintendence and control over all courts and tribunals subordinate to it.[1] The preamble to the 1926 Act records that doubts had arisen about the High Court Division's power to punish contempts of courts and that it was expedient to define and limit that power.[3] In practice a District Judge or Magistrate who faces contempt usually refers it to the High Court Division, as discussed below.[5]

Article 39: free speech subject to contempt

Article 39(2) guarantees every citizen's right to freedom of speech and expression and the freedom of the press, subject to reasonable restrictions imposed by law in the interests of, among other things, contempt of court, defamation and incitement to an offence.[2] Contempt is therefore one of the constitutionally recognised limits on speech. The Appellate Division has confirmed that fair criticism is permitted, but that scandalising a judge or undermining public confidence in the justice system is not.[6] Our guide to fundamental rights in Bangladesh covers the wider Article 39 framework.

The 1926 Act and the failed 2013 Act

The Contempt of Courts Act 1926 (Act No XII of 1926) is a short statute whose long title describes it as an Act "to define and limit the powers of certain Courts in punishing contempts of courts".[3] It does not define contempt. The High Court Division has noted that its main significance is that it "prescribes the extent of punishment".[7]

Punishment under the 1926 Act

The 1926 Act provides for simple imprisonment for a term which may extend to six months, or a fine which may extend to two thousand taka, or both.[5] The fine ceiling is nominal by current standards, which is one reason the courts rely on warnings, compliance directions and personal appearance more than on the sentence itself. The High Court Division applies the cap; the Appellate Division, as explained below, does not regard itself as bound by it.[6]

The Contempt of Courts Act 2013 and its annulment

Parliament replaced the 1926 Act with the Contempt of Courts Act 2013 (Act No 4 of 2013), gazetted on 23 February 2013.[4] Two Supreme Court advocates challenged sections 4, 5, 6, 7, 9, 10, 11 and 13(2), which created exemptions for good-faith comment and fair reporting, limited the court's power to punish, gave officials room not to comply with orders and regulated discharge on apology.[4]

On 26 September 2013, in Advocate Asaduzzaman Siddiqui v Secretary, Cabinet Division (Writ Petition No 2964 of 2013), a Division Bench of Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain made the Rule absolute. It held that the impugned sections had been inserted "to save and protect executives and journalists from contempt charge", that they were discriminatory and inconsistent with Articles 26(1), 27 and 108, and that, because they were central to the Act, the whole Act was ultra vires the Constitution.[4]

The judgment expressly stated that the 1926 Act "is restored to its previous position as unrepealed".[4] That is the position contempt of court Bangladesh practitioners work with today. One practical trap remains: the official Laws of Bangladesh page for the 1926 Act still carries a note that it was repealed by the 2013 Act.[3] Pleadings should cite the 2013 judgment alongside the 1926 Act so that no bench or opponent is misled by the database.

The 1926 Act does not bind the Appellate Division

The Appellate Division has gone further. In its 2015 order in State v Swadesh Roy, it recalled that it had already held, in Mahmudur Rahman's case, that "the Contempt of Courts Act, 1926, is not applicable in this Division".[6] The apex court therefore treats its own Article 108 power as unconstrained by the 1926 ceiling. In the same order it imposed a fine of Tk 10,000 on each contemnor, five times the statutory figure.[6]

No new contempt statute in 2025 or 2026

The interim government's ordinance programme of 2024 to 2026 and the elected Parliament's first sessions produced extensive justice-sector legislation, but we have found no replacement contempt statute. As at October 2026 the 1926 Act, read with Article 108 and the 2013 judgment, remains the governing framework.[3] [4] Practitioners should check the Laws of Bangladesh database before relying on this position in any later proceeding.

The table below shows which provision governs which kind of non-compliance. On a phone, scroll it sideways.

Contempt of court Bangladesh categories: civil and criminal

Neither the Constitution nor the 1926 Act divides contempt into categories, but the courts do. In State v Advocate Noor-E-Alam Uzzal, a suo motu Rule decided on 20 July 2017, the High Court Division adopted a threefold classification and held that "the first category is termed as civil contempt where the other two categories are contempts of a criminal nature".[7]

Civil contempt: wilful disobedience

Civil contempt is wilful disobedience of a judgment, decree, direction, order, writ or other process of the court, or breach of an undertaking given to it.[7] [8] The word that matters is "wilful". A failure caused by genuine ambiguity in the order, impossibility or a bona fide reading of it is not contempt. The High Court Division has required the applicant to prove beyond all reasonable doubt that the contemnor "deliberately violated or flouted the Court's direction".[8]

Criminal contempt: scandalising and obstruction

Criminal contempt covers conduct that scandalises or lowers the authority of the court, and conduct that interferes with or obstructs the administration of justice.[7] Noor-E-Alam Uzzal concerned five advocates who allegedly assaulted a Bench Officer and ransacked case records during a vacation bench sitting; the court held that this interfered with the administration of justice.[7] Publications that attack a judge's integrity, or that comment on the merits of a case in a way calculated to prejudice its outcome, also fall here.[6]

Why the classification matters

The label affects strategy more than procedure. In civil contempt the remedy the applicant really wants is compliance, so the court usually gives the contemnor time to comply and discharges the Rule once it does. In criminal contempt the court acts to vindicate its own authority, often on its own motion, and is less willing to treat an apology as the end of the matter.[7] In both, contempt is treated as quasi-criminal, so the person charged gets the benefit of any reasonable doubt.[8]

Disobedience of injunctions: the civil procedure route

A frequent mistake is to file a contempt petition when a temporary injunction or status quo order made in a civil suit is breached. The Code of Civil Procedure has its own remedy. Order XXXIX, rule 2(3) allows the court that granted the injunction to attach the property of the person guilty of disobedience and to detain him in civil prison for up to six months.[9] Readers familiar with Indian practice will know the equivalent as Order XXXIX, rule 2A; in Bangladesh it is sub-rule (3) of rule 2.

In Muhammad Ismail v Habibuddin Minto, decided on 25 May 2025, the petitioners alleged breach of a status quo order made by the High Court Division itself in a civil revision and filed under Article 108. The court discharged the Rule as not maintainable. It held that rule 2(3) supplies an adequate remedy, that a violation miscellaneous case is the established route, and that such a case requires evidence, which a contempt proceeding does not allow.[9]

Two further holdings matter. Persons who were not parties to the injunction application could not be treated as contemnors, and a bench to which the Chief Justice had not assigned contempt matters lacked jurisdiction to issue the Rule.[9] Article 107(3) leaves the allocation of benches to the Chief Justice.[1] The mechanics of violation cases are covered in our guide to the temporary injunction in Bangladesh, and the choice between interim tools in our analysis of interim remedies in Bangladesh.

Contempt of subordinate courts

Most litigation happens below the Supreme Court, so contempt of court Bangladesh litigants meet in practice often starts in a District Court or a Magistrate's court. The 1926 Act was enacted to confirm the High Court Division's power to punish contempts of courts subordinate to it.[3] A subordinate court that considers it has been held in contempt generally calls on the person to show cause and, if not satisfied, refers the matter to the High Court Division for punishment.[5]

Some conduct before a subordinate court can be dealt with directly. Section 480 of the Code of Criminal Procedure gives the court its own procedure in certain cases of contempt, and Penal Code offences including those in sections 175, 178, 179 and 180 apply where the public servant affected is acting as a judge.[5] These are ordinary criminal offences with their own procedure. They sit alongside, and do not replace, the High Court Division's contempt jurisdiction.

The February 2026 Barishal episode shows how the two interact. After lawyers allegedly vandalised an Additional Chief Metropolitan Magistrate's courtroom and made derogatory remarks about the judge, a criminal case was filed against 12 lawyers and the bar association president was arrested; the High Court Division separately issued a suo motu contempt Rule against nine lawyers on a letter from the Registrar General's office and an inquiry report by the Metropolitan Sessions Judge.[13]

How a contempt petition works in the High Court Division

A contempt petition is filed in the High Court Division's special original jurisdiction, usually arising out of a writ petition or other proceeding in which the order was made. Petitions are numbered as Contempt Petitions, such as Contempt Petition No 735 of 2019, while matters the court starts itself proceed as suo motu Rules.[8] [13] The procedure we follow is set out below.

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Before filing: put the respondent on notice

Courts look for proof that the alleged contemnor knew of the order and had a fair chance to comply. Serve a certified copy of the judgment on each implementing officer, follow it with a lawyer's notice demanding compliance within a stated period, and keep proof of delivery. In the Dhupkhola playground case, the petitioner relied on formal notification of the order to the city corporation in March 2023 and again in January 2025.[11]

Drafting the petition

The petition should annex the order, show its terms precisely, identify each alleged contemnor by office, explain what each one was required to do and did not do, and attach the evidence of service. Name the officer who has the power to implement, not every official in the chain. In Mizanul Hasan v Mahbubul Hoq, decided on 27 November 2025, the High Court Division exonerated one respondent because he was not the implementing authority and had done nothing to disturb implementation.[8]

Issue of the Rule

If the bench is satisfied that there is a prima facie case, it issues a Rule calling on the respondents to show cause why contempt proceedings should not be drawn against them and why they should not be punished. Return periods vary. On 11 March 2025 the High Court Division gave the Dhaka South City Corporation administrator three months and imposed a three-month status quo on construction; on 25 February 2026 it gave the Barishal lawyers ten days.[11] [13] The court may also direct personal appearance.

Show cause, compliance and hearing

The respondent answers by affidavit. Most government respondents file an affidavit of compliance, an explanation for delay and an unconditional apology. The court can adjourn the Rule to allow full compliance, which is what happened when the Appellate Division required the Home Ministry's Security Services Division Secretary and the Inspector General of Prisons to complete partial implementation of its 2022 judgment.[10] Contempt hearings are decided on the affidavits; the court does not take oral evidence, which is why disputed facts sit poorly in this jurisdiction.[9]

The standard of proof

The High Court Division's November 2025 judgment restated the test. Because contempt is quasi-criminal, the petitioner carries a heavy burden, must prove deliberate violation beyond reasonable doubt, and any reasonable doubt goes to the respondent. The summary power "should be used sparingly and only in serious cases".[8] On the facts, the Atomic Energy Commission's revised seniority list complied with the 2015 writ judgment, so the Rule was discharged with a caution.[8]

Apology, punishment and appeal

Most contempt of court Bangladesh proceedings end without a sentence. The usual outcomes are discharge of the Rule, exoneration with a warning, acceptance of an apology, or a nominal sentence such as confinement until the rising of the court.[6] [10]

What an apology achieves

An apology is a plea for mercy, not a defence. In Noor-E-Alam Uzzal, the High Court Division said that "it is not enough that he tenders an apology", warned that routine acceptance would be "virtually issuing a license to scandalize courts", and accepted the advocates' unconditional apology "as an exception but not as a Rule", letting them off with cautions.[7] An apology must be prompt, unconditional and consistent with the respondent's conduct. A qualified apology filed alongside a defence that the order was wrong carries little weight.

In civil contempt the apology works best when paired with compliance. In the February 2024 decision on Contempt Petitions 29 to 33 of 2022, the Appellate Division recorded that the officials had implemented its judgment "belatedly" and only after contempt proceedings began, but accepted their unconditional apology, exonerated them and warned all executive and judicial authorities to ensure compliance with Supreme Court judgments "in totality".[10]

Punishment

The 1926 Act ceiling of six months' simple imprisonment or a Tk 2,000 fine, or both, applies to the High Court Division.[5] The Appellate Division treats itself as outside that ceiling.[6] In Swadesh Roy the author and the editor of a national daily were each sentenced to confinement until the court rose and a Tk 10,000 fine, to be paid to charity, with seven days' simple imprisonment in default.[6] Advocates who escape a sentence may still face strictures: in Noor-E-Alam Uzzal the court let the lawyers off with cautions and strictures against repeating the conduct.[7]

Appeal under Article 103(2)(c)

Article 103(2)(c) gives an appeal as of right to the Appellate Division where the High Court Division has punished a person for contempt of that Division.[1] The appeal lies against a punishment; a respondent exonerated with a warning has nothing to appeal, and an applicant whose Rule is discharged must seek leave under Article 103(3). The leave procedure is explained in our guide to the civil petition for leave to appeal in Bangladesh.

Contempt by government officials who do not implement judgments

The largest group of contempt petitions concerns public bodies that win time by not implementing a judgment: unpaid arrears, ignored regularisation orders, construction continued in breach of a status quo, or a writ judgment simply left on file. Article 112 makes compliance a constitutional duty, and contempt of court Bangladesh case law treats non-implementation by a public officer as wilful once knowledge and capacity to act are shown.[1] [10]

The court's tone is firm but its sanctions are usually measured. In the 2024 Appellate Division decision the officials had "slept over the matter", and the court said "this trend can never be accepted", yet it exonerated them once they complied.[10] The Dhupkhola Rule in March 2025 combined a show-cause order against the Dhaka South City Corporation administrator with a fresh status quo, protecting the playground while the contempt question was decided.[11]

What a public respondent should do

The defence of a public body begins before the Rule. When a judgment arrives, identify the implementing authority, diarise compliance dates and record every step. If implementation genuinely requires another ministry's approval, budget allocation or a policy decision, file an application for extension of time or for directions rather than letting the deadline pass. The November 2025 judgment criticised the Atomic Energy Commission for acting on a matter pending before the court without first raising the issue with it, even though its action was ultimately lawful.[8]

If a review or appeal is pending, a stay must be obtained; a pending appeal alone does not suspend the obligation to comply. Where a writ judgment is the source of the obligation, our guide to the writ petition in Bangladesh explains how directions are framed and why non-compliance is pursued by contempt, not by a fresh writ.

Contempt is not a substitute for execution

A money decree in a civil suit is enforced by an execution case, not by contempt. Contempt is suited to directions addressed to identifiable officers, injunctions in writ proceedings and undertakings given to the Supreme Court. Our guide to the execution case in Bangladesh covers decree enforcement.

Contempt, the media and social media

Article 39(2) makes contempt a permitted restriction on the freedom of the press, and the Appellate Division has been willing to use it against editors as well as authors.[2] [6] For journalists, contempt of court Bangladesh law offers no statutory fair-reporting defence: the 2013 Act's attempt to create statutory protection for fair reporting and good-faith comment failed precisely because the High Court Division saw it as a special shield for journalists.[4]

Fair criticism and scandalising

The line drawn in Swadesh Roy is between fair criticism of a judgment and comment that scandalises a judge or undermines public confidence in the justice system. The court also rejected commentary on bench composition, holding that litigants and judges have no say in how benches are constituted because Article 107(3) gives that power to the Chief Justice.[6] Reasoned analysis of a judgment's law is safe. Imputing motives, alleging bias without evidence or campaigning about a pending case is not.

Social media posts

Contempt law makes no distinction between a newspaper column and a Facebook post. In September 2026 the International Crimes Tribunal-2 summoned two Supreme Court lawyers to explain Facebook posts calling it a "kangaroo court" after a verdict in a July Uprising case; the hearing was deferred to 26 October 2026.[14] Lawyers, as officers of the court, are held to a higher standard than members of the public, as the Barishal Rule shows.[13]

Recorded statements can also found contempt. On 2 July 2025 a three-member International Crimes Tribunal headed by Justice Golam Mortuza Mozumder sentenced former Prime Minister Sheikh Hasina in absentia to six months' imprisonment for contempt over a leaked audio recording in which she was allegedly heard saying she had a "licence to kill 227 people", and sentenced a Chhatra League figure to two months in the same case.[12] The sentence was to take effect on her arrest or surrender.[12]

Practical rules for editors and platforms

For media organisations and corporate communications teams, contempt risk is managed by process: legal review of any story about a pending case, accurate reporting of what the court actually ordered, no speculation about outcomes, and prompt correction and apology if a line is crossed. Contempt sits alongside cyber offences and defamation as a source of liability for online content; our guide to cyber law in Bangladesh covers the Cyber Security Act regime.

Notable contempt of court Bangladesh cases in 2025 and 2026

The recent docket shows how broad contempt of court Bangladesh practice has become. Six matters stand out.

• Dhupkhola playground (March 2025): a contempt Rule against the Dhaka South City Corporation administrator for continuing a market on a playground protected by a 2023 status quo order, with a three-month return period and a fresh status quo.[11]
• Muhammad Ismail v Habibuddin Minto (May 2025): a Rule under Article 108 discharged because breach of a civil status quo order belongs in a violation case under Order XXXIX, rule 2(3).[9]
• Sheikh Hasina (July 2025): a six-month sentence in absentia from the International Crimes Tribunal over a leaked audio recording.[12]
• Mizanul Hasan v Mahbubul Hoq (November 2025): a Rule against Atomic Energy Commission officials discharged on the beyond-reasonable-doubt standard, with a caution and the exoneration of a non-implementing officer.[8]
• Barishal lawyers (February 2026): a suo motu Rule against nine lawyers, including the bar president and two public prosecutors, over courtroom vandalism and remarks about a judge.[13]
• ICT-2 Facebook posts (September 2026): two Supreme Court lawyers summoned over social media criticism of the tribunal, with the hearing fixed for 26 October 2026.[14]

Two trends emerge. First, the High Court Division is policing the boundaries of its own jurisdiction, insisting on the right procedure, the right bench and the right respondent.[8] [9] Second, the contempt power is increasingly used against conduct by lawyers and public figures outside the courtroom, including online.[13] [14]

Strategy for applicants and respondents

For a party holding an unimplemented order, contempt of court Bangladesh proceedings are leverage, not an end in themselves. The aim is compliance. Five points carry most applications.

• Choose the right proceeding: use a contempt petition for Supreme Court orders and undertakings, a violation case for civil injunctions, and execution for decrees.[9]
• Prove knowledge: serve certified copies and a demand notice, and keep proof of delivery for each officer named.[11]
• Name the implementing authority: respondents who had no power to comply will be exonerated and weaken the petition.[8]
• Ask for interim protection: where breach is continuing, seek a status quo or a direction for personal appearance with the Rule.[11]
• Accept compliance: once the order is implemented, the court will usually discharge the Rule, so the petition should be drafted to secure precise compliance directions.[10]

For the respondent

A respondent facing contempt of court Bangladesh proceedings should comply first and argue second. File an affidavit showing the steps taken, explain any delay with documents, and tender an unconditional apology where there has been any default. Raise genuine points on jurisdiction or maintainability at the outset: a Rule issued by a bench without contempt jurisdiction, or one targeting a breach of a civil injunction, can be discharged on that ground alone.[9] Do not attack the underlying judgment in the contempt proceeding; the remedy for a wrong order is review or appeal, and arguing its merits in reply to a Rule is read as continuing defiance.[10]

Respondents should also avoid public comment while a Rule is pending. In Swadesh Roy the Appellate Division found published commentary on the composition of benches to be part of a grave contempt.[6]

What to watch

Three questions will shape contempt of court Bangladesh practice over the next year. First, whether Parliament finally replaces the 1926 Act with a modern statute that defines civil and criminal contempt and raises the penalty ceiling while surviving the Article 108 and Article 27 analysis in Asaduzzaman Siddiqui.[4] Second, how the courts treat social media criticism after the ICT-2 proceedings conclude.[14] Third, whether the High Court Division continues to channel civil injunction breaches into violation cases and to hold contempt applicants to the criminal standard.[8] [9]

Most contempt matters are won or lost on preparation: the right forum, the right respondent and a clean record of service. TRW files and defends contempt petitions arising out of writ, civil and company proceedings. Our constitutional and writ litigation practice handles the full cycle from writ to compliance, our real estate disputes team acts in injunction violation cases, and background on the court itself is in our guide to the High Court Division in Bangladesh. You can also contact TRW directly.

Frequently asked questions

What law governs contempt of court in Bangladesh?

Contempt of court Bangladesh law rests on Article 108 of the Constitution, which gives the Supreme Court power to punish contempt of itself, subject to law, and the Contempt of Courts Act 1926 sets the statutory frame and the punishment ceiling.[1] [5]

Is the Contempt of Courts Act 2013 in force?

No. On 26 September 2013 the High Court Division declared the whole Act unconstitutional and stated that the 1926 Act was restored as unrepealed.[4]

What is the maximum punishment for contempt?

Under the 1926 Act, simple imprisonment of up to six months, a fine of up to Tk 2,000, or both. The Appellate Division has held that the 1926 Act does not apply to it.[5] [6]

What is the difference between civil and criminal contempt?

Civil contempt is wilful disobedience of a court order or breach of an undertaking; criminal contempt scandalises the court or interferes with the administration of justice.[7]

Can I file a contempt petition when a civil injunction is breached?

Usually not. The High Court Division held in May 2025 that breach of an Order XXXIX injunction or status quo order is pursued by a violation case under rule 2(3) of the Code of Civil Procedure.[9]

What must I prove in a contempt petition?

That the respondent knew of the order and deliberately violated it, proved beyond reasonable doubt. Any reasonable doubt benefits the respondent.[8]

Will an apology end contempt proceedings?

Often, if it is unconditional and paired with compliance, but the court is not bound to accept it. The High Court Division has said an apology is accepted as an exception, not as a rule.[7] [10]

Can government officials be punished for not implementing a judgment?

Yes. Article 112 requires all executive authorities to act in aid of the Supreme Court, and secretaries and heads of agencies are regularly named in contempt Rules.[1] [10]

Can a social media post amount to contempt?

Yes. Contempt law does not distinguish between print and online publication. In 2026 two Supreme Court lawyers were summoned over Facebook posts criticising a tribunal verdict.[14]

Is there an appeal against a contempt conviction?

Yes. Article 103(2)(c) gives an appeal as of right to the Appellate Division where the High Court Division has sentenced a person for contempt of itself.[1]