PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM

PROJECT REPORT

ARMY INSTITUTE OF LAW

CRIMINAL CONTEMPT IN INDIA

Submitted In Partial Fulfilment Of Requirements For BA.LLB. Degree

Submitted To: Submitted By:

Dr. Kulpreet Kaur Gauri Shrikhande
Asst. Prof. of Law Section-A
Army Institute of Law 1449

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 ACKNOWLEDGEMENT

I would like to extend my sincere gratitude towards my Professor, Dr. Kulpreet Kaur, for
allotting me this topic and guiding me through it. Your wisdom and knowledge helped me
immensely in the compilation of my project.

I would also like to thank my fellow batch mates and friends. If it hadn’t been for their criticism,
I would not have been able to improve the various flaws in my project.

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 TABLE OF CONTENTS

S.NO. TOPIC PAGE NO.

1. INTRODUCTION 4

2. LAW POINTS 5

3. ESSENTIALS 5

4. TYPES 5

5. CRIMINAL CONTEMPT 6

6. CRIMINAL CONTEMPT CHARGES 6

7. DIRECT AND INDIRECT CONTEMPT 8

8. POSITION UNDER THE CONSTITUTION 8

9. COGNIZANCE OF CRIMINAL CONTEMPT 9

10. PROCEDURE AFTER COGNIZANCE 9

11. LIMITATION 9

12. CONCLUSION 9

13. BIBLIOGRAPHY 10

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INTRODUCTION

Anything that curtails or impairs the freedom of limits of the judicial proceedings must of
necessity result in hampering of the administration of Law and in interfering with the due course
of justice. This necessarily constitutes contempt of court. Oswald defines contempt to be
constituted by any conduct that tends to bring the authority and administration of Law into
disrespect or disregard or to interfere with or prejudice parties or their witnesses during
litigation. Halsbury defines contempt as consisting of words spoken or written which obstruct or
tend to obstruct the administration of justice. Black Odgers enunciates that it is contempt of court
to publish words which tend to bring the administration of Justice into contempt, to prejudice the
fair trial of any cause or matter which is the subject of Civil or Criminal proceeding. 1

Contempt of court generally refers to conduct that defies, disrespects or insults the authority or
dignity of a court. Often, contempt takes the form of actions that are seen as detrimental to the
court's ability to administer justice.2

Judges typically have discretion in deciding whom to hold in contempt and the type of contempt.
Those held in contempt can include parties to a proceeding, attorneys, witnesses, jurors, people
in or around a proceeding, and officers or staff of the court itself. There are two types of
contempt of court: criminal contempt and civil contempt.

Civil contempt often involves the failure of someone to comply with a court order. Judges use
civil contempt sanctions to coerce such a person into complying with a court order the person has
violated.

Criminal contempt charges, on the other hand are punitive, meaning they serve to deter future
acts of contempt by punishing the offender no matter what happens in the underlying proceeding.
Someone incarcerated for criminal contempt cannot secure their own release by deciding to
comply with the court.3

1
http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html
2
http://www.mcrhrdi.gov.in/88fc/Week-12/Contempt%20of%20Courts%20in%20India.pdf
3
Court on its Own Motion v. M.K. Tayal and Others, www.judis.nic.in, Contempt case (Criminal) No. 7 of 2007
decided on 11-9-2007 visited on 10-03-2016.

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Judges use different factors when deciding whether to hold someone in civil or criminal
contempt, including the nature of the underlying court proceeding (criminal or civil) and the
severity of the contemnor's behavior.

LAW POINT

For the concept of Contempt of Court, the Contempt of Court Act, 1971 was passed which dealt
with such a concept. Article 129 and 215 of the Constitution of India empowers the Supreme
Court and High Court respectively to punish people for their respective contempt.4 Section 10 of
The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempt of
its subordinate courts. Power to punish for contempt of court under Articles 129 and 215 is not
subject to Article 19(1)(a).

ESSENTIALS

The elements generally needed to establish contempt are:

 the making of a valid court order,

 knowledge of the order by respondent,
 ability of the respondent to render compliance, and
 wilful disobedience of the order.

TYPES

According to Lord Hardwick, there is a three-fold classification of Contempt:

 Scandalizing the court itself.

 Abusing parties who are concerned in the cause, in the presence of court.
 Prejudicing the public before the cause is heard.

In India there two types of contempt – Civil Contempt and Criminal Contempt.

4
http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html

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CRIMINAL CONTEMPT

Under The Contempt of Courts Act, 1971, the definition of criminal contempt of Court has been
provided under Section 2(c), which states as under:

"Criminal contempt" means the publication (whether by words, spoken or written, or by signs,
or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever
which-

1. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or
2. Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding,
3. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner.5"

In the case of Delhi Judicial Service Association, Tis Hazari Court, Delhi v. State of Gujarat
and Ors6, a three Judge Bench of the Hon'ble Supreme Court observed as under:

"The definition of criminal contempt is wide enough to include any act by a person which
would tend to interfere with the administration of justice or which would lower the authority of
court. The public have a vital stake in effective and orderly administration of justice. The Court
has the duty of protecting the interest of the community in the due administration of justice and,
so, it is entrusted with the power to commit for contempt of court, not to protect the dignity of
the Court against insult or injury, but, to protect and vindicate the right of the public so that the
administration of justice is not perverted, prejudiced, obstructed or interfered with."

CRIMINAL CONTEMPT CHARGES

Criminal contempt charges become separate charges from the underlying case. Unlike civil
contempt sanctions, criminal contempt charges may live on after resolution of the underlying
case.

5
Section 2(c) Contempt of Courts, 1971
6
1991CriLJ3086

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One charged with criminal contempt generally gets the constitutional rights guaranteed to
criminal defendants, including the right to counsel, right to put on a defense, and the right to a
jury trial in certain cases. Charges of criminal contempt must be proven beyond a reasonable
doubt.

However, incarceration for contempt may begin immediately, before the contempt charge is
adjudicated and the sentence decided.7 Depending on the jurisdiction and the case, the same
judge who decided to charge a person with contempt may end up presiding over the contempt
proceedings. Criminal contempt can bring punishment including jail time and/or a fine.

The difference between the two types of above cases is that of procedure which was clearly held
by the Allahabad High Court in Vijay Pratap Singh v. Ajit Prasad 8 ,it was held that a
distinction between a civil contempt and criminal contempt seems to be that , in a civil
contempt the purpose is to force the contemnor to do something for the benefits of the other
party, while in criminal contempt the proceeding is by way of punishment for a wrong not so
much to a party or individual but to the public at large by interfering with the normal process of
law degrading the majesty of the court. However, if a civil contempt is enforced by fine or
imprisonment of the contemnor for nonperformance of his obligation imposed by a court, it
turns out into a criminal contempt and becomes a criminal matter at the end. Such contempt,
being neither purely civil nor purely criminal in nature, is sometimes called sui generis. It is
submitted that the differentiating line between civil and criminal contempt is sometimes very
thin and might often considered being same. Where the contempt consists in mere failure to
comply with or carry on an order of a court made for the benefit of a private party, it is plainly
civil contempt. If, however, the contemnor adds defiance of the court to disobedience of the
order and conducts himself in a manner which amounts to abstraction or interference with the
courts of justice, the contempt committed by him is of a mixed character, partaking of between
him and his opponent the nature of a civil contempt.

Contempt jurisdiction of the judiciary has to be used to maintain the dignity of the judiciary and
also to safeguard the proceedings of the court from external interference. Thus, by classifying

7
Soli J. Sorabjee, “Truth and Law of Contempt” 1985, Supreme Court Weekly Reporter II (Jnl.) 17.
8
AIR 1966 All. 305

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the power of contempt into two distinct categories the legislature till certain extent has been
able to limit the scope of the contempt jurisdiction.

DIRECT AND INDIRECT CONTEMPT

Contempt of court can take place either "directly" or "indirectly."

Direct contempt happens in the presence of the court. For example, someone could commit
direct contempt by yelling at the judge in a way that impedes the court's ability to function and
brings disrespect on the court.

Indirect contempt occurs outside the presence of the court. Examples include improperly
communicating with jurors outside the court, refusing to turn over subpoenaed evidence and
refusing to pay court ordered child support. Be aware that not all of these examples illustrate
criminal contempt.9

CONTEMPT OF COURT- POSITION UNDER THE CONSTITUTION

Art. 129 : Supreme Court to be a court of record- The Supreme Court shall be a court of record
and shall have all the powers of such a court including the power to punish for contempt of
itself.

Art.215: High Courts to be courts of record- Every High Court shall be a court of record and
shall have all the powers of such a court including the power to punish for contempt of itself.

Art.144: Civil and judicial authorities to act in aid of the Supreme Court- All authorities, civil
and judicial, in the territory of India shall act in aid of the Supreme Court.

Art.141: Law declared by Supreme Court to be binding on all courts- The law declared by the
Supreme Court shall be binding on all courts within the territory of India.

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http://criminal.findlaw.com/criminal-charges/criminal-contempt-of-court.html

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COGNIZANCE OF CRIMINAL CONTEMPT IN OTHER CASES

1. In the case of a criminal contempt, other than a contempt referred to in section 14, the
Supreme Court or the High Court may take action on its own motion or on a motion made
by-
 the Advocate-General, or
 any other person, with the consent in writing of the Advocate General
2. In the case of any criminal contempt of a subordinate court, the High Court may take action
on a reference made to it by the subordinate court or on a motion made by the Advocate-
General or, in relation to a Union territory, by such Law Officer as the Central Government
may, by notification in the Official Gazette, specify in this behalf.10

PROCEDURE AFTER COGNIZANCE

Notice of every proceeding under section 15 shall be served personally on the person charged,
unless the court for reasons to be recorded directs otherwise.11

LIMITATION

The Limitation period for actions of contempt has been discussed under Section 20 of the
Contempt of Courts Act of 1971 and is a period of one year from the date on which the
contempt is alleged to have been committed.

CONCLUSION

Criminal contempt of court refers to behavior which disobeys, offends or disrespects the
authority or dignity of a court. It can occur directly, in the presence of the court, or indirectly
when it happens outside the presence of the judge. Criminal contempt charges become separate
charges from the underlying case. Adjudication of charges and punishment for criminal
contempt may continue after resolution the underlying case.

10
Section 15, The Contempt of Courts Act, 1971
11
Section 17, The Contempt of Courts Act, 1971

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 BIBLIOGRAPHY

1. http://www.mcrhrdi.gov.in/India.pdf
2. http://www.legalblog.in/2011/04/criminal-contempt-of-court-law.html
3. http://jcil.lsyndicate.com/wp-content/uploads/2016/09/Research-Paper-Harshita-
Nayan.pdf
4. http://www.mondaq.com/india/x/549642/Libel+Defamation/Criminal+Contempt+Of+C
ourt+And+Criminal+Defamation+Initiation+Of+Simultaneous+Proceedings
5. http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html
6. http://criminal.findlaw.com/criminal-charges/criminal-contempt-of-court.html

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