Contempt of court

Introduction
In india there is civil and criminal contempt of court but there is not any particular definition of the
contempt of court and it is very difficult to define term contempt of court.

For the first time the definition of contempt of court was given in the contempt of court act 1971.

The definition given in this act is not only definition but yes it is also the classification of
contempt of court. It in the general sense means “to offend the dignity of the court and lower the
prestige of court”.

Definition of Contempt of Court

1 Hulsburg
Any act done or writing published which is calculated to bring a court or judge into contempt or lower
his authority or to interfere with the due course of justice or the lawful process of court is contempt of
court.

Simply contempt of court is disobedience of court by acting in opposition to the authority, justice or
dignity of court

Contempt of court is the disobey the decision of court.

Classification of contempt of court

The contempt of court is basically classified into two ways :-

1 civil contempt [section 2(a)]

2 criminal contempt [section 2(c)]

1 civil contempt of court

Section 2(a) of contempt of court act 1971 and defines civil contempt as wilful disobedience of any
judgment, decree, direction, order or writ petition or any other process of court or wilful breaching of
court proceed is termed as civil contrmpt.

2 criminal contempt of court [section 2(a)]

Section 2(c) of the contempt of court act 1971 deal with the criminal contempt of court. Criminal
court of contempt is production(whether by words spoken or written) of any matter or doing of any
act which:-

1 scandalized or lower authority of any court

2 prejudice or interfere with due course of any judicial proceeding

3 interfere or obstruct the administration of justice in any other manner.

The contempt of court can be done in several ways and these are:-

1 using insulting language against judge

2 supporting the facts to obtain favourable order

3 imputation of partiality and unfavourable against judge

The one who advices to disobey the contempt of court of law is held liable for contempt of court.

To constitute a civil contempt of court following two things are to be proved:-

1 disobedience of order, dercree, etc or court or breach of understanding given to court

2 disobedience or breach is wilful.

Essential of criminal contempt of court

1 publication or other court(written or oral)

2 lowering authority of court or interfering with judicial proceeding or administration of justice.

3 prejudice or interference with due course of any judicial proceeding((media trial)

4 interfrence in administration of justice

Difference between civil and criminal contempt of court

Civil contempt Criminal contempt
1 section 2(b) of contempt of court act 1971 1 section 2(c) of contempt of court

2 wilful disobedience to any judgment, order, 2 publication(written or spoken) of any matter or

decree or direction or breach of under taking of doing of any act which forbid judicial proceeding
court

3 wilful breaching or disobeying court order is 3 following are criminal contempt

civil contempt A scandalized or lower authority of law
B prejudice or interference judicial proceeding
C obstruct administration of justice

4 contains less seriousness 4 more serious and aggravated form of offence

5 apology is good defence 5 punishment is remedy in criminal contempt

6 mens rea is essential 6 mens rea is need not to be proved

Punishment for contempt of court

Section 12 of the contempt of court act deal with the punishment. The person commiting contempt of
court may be punished with simple imprisonment for a term which may extend to six months or with
fine which may extend two thousand or with both

Limitation
Section 20 of the contempt of court act 1971 deal with the limitation period of the contempt of court
and that is the period of 1 year from date which contempt is alleged.

Constitutional validity of contempt of court

Article 215, “High Courts to be Court of Record-Every High court shall be a Court of Record and
shall have all powers of such a court including the power to punish for contempt of Court itself”.

The Supreme Court being an Apex Court recognised as a Court of Record and has inherent power to
punish for contempt in relation thereto, as provided in Article 129 of the Constitution which reads as
under:
“129 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.

Entry 77 of the list is as follows, “Constitution, organization, jurisdiction and powers of the Supreme
Court (including contempt for such a court) and the fees taken therein; persons entitled to practise
before the Supreme Court. Entry15 of list II is as follows "contempt of court but not including
contempt of Supreme Court.”

Leading case of contempt of court

Re: 1. Shri Sanjiv Datta, Deputy Secretary, Ministry of Information & Broadcasting [1995 Scc
(3) 619], a Suo moto contempt notice issued to a public servant and his advocates. Affidavit was filed
in the Supreme Court containing allegations against the Court. Allegations made with intention of
casting aspersions on the Court and attributing motives to it. Accusing the Court of making mockery
of established policy of Government of India by permitting a foreign agency to undertake
broadcasting from India, against national interest thereby undermining sovereignty of the nation.
Unconditional apology of public servant not accepted. Allegations made by the contemnor were
intentional. Made with full knowledge of its grave implications and therefore has potentiality of
mischief. If not curbed firmly, may assume proportion grave enough to sabotage the rule of law.
Unconditional apology of advocates, Accepted for want of knowledge of allegations.