CONTEMPT OF COURT

Article 129 declares that the supreme court as a “Court of record” and that it
shall have all the powers of a court of record including the power to punish for
its contempt of itself.

Further Article 142(2) empowers the Supreme Court to investigate and punish
for any contempt of itself i.e. contempt of Supreme court of itself.

Power to punish for contempt of both the High court and the Supreme Court has
been given by the Constitution as well as by Contempt of Courts Act, 1971.

Kinds of contempt of court

The Contempt of courts Act, 1971 (hereinafter “1971 Act”) regulates the
contempt of court and provides for 2 types of contempt.

 Civil contempt [Section 2(b)]

According to section 2(b), civil contempt means wilful disobedience of any
judgement or a decree of a court or a wilful breach of any undertaking given to
a court.

The definition of civil contempt is simple enough for a reasonable man with
ordinary prudence to conclude as to what action will constitute civil contempt.
Determination of civil contempt is objective and is not based on the subjective
understanding of anyone. If there is a judicial order and if such order has been
wilfully disobeyed then that fact of disobedience will constitute civil contempt.

 Criminal contempt [Section 2(c)]

Section 2(c) defined criminal contempt as the publication of any matter which
either Scandalises or lowers the authority of the court, or that such matter
interferes or prejudices any judicial proceeding, Interferes or obstructs the
administration of justice in any manner. Further, an act or publication will
constitute contempt if it even tends to scandalize the authority of the court or it
tends to interfere with any judicial proceeding or administration of justice.
The expression “scandalizes the authority of court” depends to a great degree
on the discretion of the judge as no law in India has defined what constitutes
scandalizing the court. Proceeding for criminal contempt has been initiated
against citizens even for criticizing the Judges of Supreme court and high
courts.

PUNISHMENT FOR CONTEMPT

Accordingly, Section 12 of the Contempt of Courts Act, 1971 provides for

punishment for contempt of court. It incorporates the type and extent of
punishment which the courts can give for contempt.

According to section 12 contempt may be punished either by simple

imprisonment of 6 months or a fine of Rs. 2000 or both. The further section
makes it clear that the punishment for contempt cannot exceed the 6-month
imprisonment and fine of Rs 2000. Thus this is the maximum punishment which
the courts can give for contempt.