You won the injunction — and the infringer carried on anyway. What now? Ubi jus ibi remedium — where there is a right, there is a remedy. Indian law backs an injunction with real enforcement teeth.
Attachment and detention: the CPC route
Order 39 Rule 2A, CPC. On disobedience of an injunction, the court can attach the property of the party in breach. If the breach continues, the attached property can be sold and the proceeds used to compensate the aggrieved party. The offender may also face detention in civil prison for up to three months.
Order 21 Rule 32, CPC. Where property remains attached for a month without compliance, it may be sold through a similar process. The attachment ceases if the judgment-debtor complies, pays the execution costs, or if six months pass without an application to sell.
Contempt of court
The Contempt of Courts Act, 1971 treats wilful disobedience of a court order (or breach of an undertaking) as civil contempt:
- Section 12 — punishment can extend to simple imprisonment up to six months (and/or fine).
- Section 12(5) — liability reaches officers of a company responsible for its conduct.
- Section 13 — contempt must substantially interfere with the administration of justice.
- Section 20 — a one-year limitation for initiating contempt proceedings.
Putting it together
- Monitor compliance actively. Breaches must be detected and documented to be enforced — vigilant monitoring is the precondition to every remedy above.
- Move quickly on contempt. The one-year limitation under Section 20 means delay can cost you the remedy.
- Escalate deliberately. Attachment (and its sale) plus contempt together turn a paper order into real pressure — and compensation.
Frequently asked questions
What can I do if an infringer breaches an injunction? Seek attachment of their property and civil detention under Order 39 Rule 2A CPC, and initiate contempt proceedings under the Contempt of Courts Act, 1971.
Can an infringer be jailed for breaching an injunction? Yes — up to three months’ civil detention under the CPC, and up to six months’ simple imprisonment for civil contempt.
Can company officers be held liable? Yes. Section 12(5) of the Contempt of Courts Act extends liability to officers responsible for the company’s conduct.
Is there a time limit for contempt? Yes — one year from the date of the alleged contempt, under Section 20.
Legislation referred to
- Code of Civil Procedure, 1908
- Contempt of Courts Act, 1971