§401. Power of court

A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as-

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

(June 25, 1948, ch. 645, 62 Stat. 701 .)

Historical and Revision Notes

Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, §268, 36 Stat. 1163 ).

Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section.

Changes in phraseology and arrangement were made.

Federal Rules of Criminal Procedure

Prosecution of criminal contempt by summary disposition or notice and hearing, see rule 42, Appendix to this title.

Statutory provisions defining criminal contempts, see Notes of Advisory Committee on Rules, rule 42.

Cross References

Foreign witnesses, see section 1784 of Title 28, Judiciary and Judicial Procedure.

Garnishee, failure to appear at term for which summoned, as contempt, see section 2405 of Title 28.

Obstruction of justice, see section 1501 et seq. of this title.

Section Referred to in Other Sections

This section is referred to in section 3148 of this title.