CONTEMPT OF COURT

Historical development of contempt laws in India

Meaning of Contempt of court

Types of contempt of court

Punishment of contempt of court

Remedies and defences

 jurisdiction of court to decide contempt matter

Contempt laws applicable to whom

Constitutional validity of contempt of court

History of contempt law in india
The origin of the law of Contempt in India can
be traced from the English law. In England
Superior Courts of record have form early times,
exercised the power to commit for contempt
persons who scandalized the Court or the Judges.
The first Indian statute on the law of contempt i.e., the Contempt
of Courts Act was passed in 1926. It was enacted to define and
limit the powers of certain courts in punishing contempt of courts.
When the Contempt of Courts Act, 1926 was in existence in British
India, various Indian States also had their corresponding
enactment. These States were Hyderabad, Madhya Bharat, Mysore,
Rajasthan, Travancore-Cochin and State enactments of the Indian
States and the Contempt of Courts Act, 1926 were replaced by the
Contempt of Courts Act, 1952
The right of the Indian High Courts to punish for
contempt, was in the first instance recognized by the
Judicial Committee of the Privy Council which
observed that the offence of the contempt of court and
the powers of the High Courts to punish it are the same
in such courts as in the Supreme Court in England.
At last Finally contempt of court act was enacted by the
Government of india in 1971. its popularly known as
contempt of court act 1971.
 from 1971 to till today its plays a vital role to
control the conduct of every person in the society
especially in judicial issue.
C O N T E M P T O F C O U RT A C T O R C O N T E M P T
PROVISIONS APPLICABLE TO WHOM

Contempt of Court act is applicable to

1. Parties
2. Advocates
3. Government
4. Judges and all
 O B J E C T O F C O N T E M P T O F C O U RT A C T
1.The purpose of the law of contempt is to protect the machinery
or object of justice and the interests of the public.
2. It is a mechanism to prevent interference in the course of
justice
3. to maintain the authority of the law,

The object of contempt proceedings is not to protect judges

personally from criticism but to protect the public by preserving
the authority of the court and the administration of justice from
unjustifiable attack;
M E A N I N G O F C O N T E M P T O F C O U RT
Essentials of contempt
The elements generally needed to establish a contempt are:
1. the making of a valid court order,
2. knowledge of the order by respondent,
3. ability of the respondent to render obedience, and
4. willful disobedience of the order.
Section 2(a) of the contempt of court act 1971 defines contempt
of court.
 It means it includes civil contempt and criminal contempt.
 Generally civil contempt means willfully disobedience of the
court order.
 Criminal contempt means 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.
Section 2 (b) of Contempt of Courts Act,
1971, Civil contempt was defined as ―willful
disobedience to any judgment, decree, direction,
order, writ or other process of a Court or willful
breach of an undertaking given to a Court
ESSENTIALS OF CIVIL CONTEMPT

1.disobedience to any judgment,

2.Disobedience should be willful
3.That judgment, order, direction, decree
should be given by court or judiciary.
 D E F E N S E S I N C I V I L C O N T E M P T

1. Disobedience or breach was not willful

 2. The order has been passed without jurisdiction
 3. Order disobeyed is vague or ambiguous
 4. Order involves more than one reasonable
 interpretation
 5. Compliance with the order is impossible
 6. No knowledge of order
 PUNISHMENT FOR CIVIL
CONTEMPT

up to 6 (six) months imprisonment,

or fine up to 2000 Rs or both
 CRIMINAL CONTEMPT
: Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been
defined as 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, or
3.Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration
of justice in any other manner.


 The definition of Criminal Contempt is wide enough to

include any act of person which would tend to interfere with
administration of justice or which would lower the authority of
the court. Doctrine men's rea is not applicable and is not
essential ingredient of the Criminal Contempt.
 O B J E C T O F C R I M I N A L C O N T E M P T L AW

1.Is to maintain the majesty and dignity of the law courts

2.Is to keep the stream of justice clean and to maintain the confidence
of the public at large in the fair and impartial administration of justice
by the court of law.

3.The object of the law contempt is not to maintain the prestige or

position of a presiding officer of a court, but to maintain the continuity
of the crystal clear flow of the stream of justice.
4. The contempt law empowers the judges to punish contemner to
keep the course of justice free.
5. The object of punishing contempt is not to safeguard or protect the
dignity of the judge or the magistrate. Its object is to preserve the
authority of court to ensure an ordered life in society.
 6. The purpose of this power is to ensure that the faith and confidence
of the public in administration of justice.
 ESSENTIAL INGREDIENTS OF CRIMINAL
CONTEMPT

1.Publication or other act. (which resulted in any or all of the consequences

specified in section 2(c)(i),(ii) and (iii) will amount to criminal contempt)

2. scandalizing or lowering the authority of the court or

interfering with judicial proceeding or administration of
justice.
3.Prejudices, or interference with the due course of any judicial
proceeding.
4. Interference or obstruction with
administration of justice in any other
manner.
DEFENSES IN CRIMINAL CONTEMPT

Section 3 to 7 of the contempt of Court

Act 1971, provides for defenses to the
person charged with criminal contempt
are as follows :
I) Innocent publication and distribution of matter (Section
4)
II) Fair and accurate report of judicial proceeding not
contempt(Section4)

III)Fair criticism of judicial act not contempt (Section 5)

 IV) Bona fide Complaint against presiding officers of
subordinate courts (Section 6)

V) Publication of information relating to proceeding in
chambers or in camera not contempt except in certain cases
(Section 7)
  Punishment for criminal
contempt
 up to 6 (six) months imprisonment, or
fine up to ₹2000 or both
 C O N S T I T U T I O N A L VA L I D I T Y O F T H E
C O N T E M P T O F C O U RT S A C T

The parliament has exclusive power to make laws with respect to any matters
or subjects enumerated in list-1(union list) of the 7 th schedule of the constitution.
Parliament and the state legislature both have power to make laws with respect
to any of the subject enumerated in list III (concurrent list) of the 7 th schedule of
the constitution.
 but in the case of conflict between the law made by parliament and the law
made by the state legislature, the law made by the state legislature shall extent
of the repugnancy, be void.
Entry 77 of list 1(union list) and entry 14 of list
III (concurrent list) of 7th schedule of the
constitution include the subject, contempt of court.
Articles 129 and 215 of the constitution of india
are based on the assumption that there should be
an effective power in the supreme court and each
of the high courts for dealing with cases of the
contempt.
-The contempt law is not violative of Article -14

-The contempt law is not violative of the freedom of speech

and expression guaranteed by Article 19(1)(a) of the
constitution of india.
-The contempt law is not violative of any of the constitutional
provisions and it is, thus, constitutionally valid.
Constitutional validity of the
contempt of courts act
 BASIS AND EXTENT JURISDICTION OF
CONTEMPT

 Articles 129 and 215 of the constitution of india are based on

the assumption that there should be an effective power in the
supreme court and each of the high courts for dealing with cases
of the contempt.
Art-129 of Constitution of India, 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 of constitution of India 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.
 The SC’s power to punish for contempt of the High court or
subordinate court.
Art-142(2) of constitution of India States that the SC shall have all
and every power to make any order for the purpose of securing the
attendance of any person, the discovery or production of any
document, or the investigation or punishment of contempt of itself.
 CONTEMPT JURISDICTION OF THE
S U B O R D I N AT E C O U R T

 the contempt jurisdiction of the subordinate

courts is based on the statutory provisions
consequently their contempt jurisdiction may be
controlled or regulated by the statutory provisions.
 C O N T E M P T B Y L AW Y E R S ,
J U D G E S , S TAT E A N D
C O R P O R AT E B O D I E S

 The contempt jurisdiction is very wide. The
court has power to punish every person, body or
authority found guilty of the contempt of court.
C O N T E M P T B Y L AW Y E R S / A D V O C AT E S

- An important issue is weather boycott of court or

strike by lawyers amounts to contempt of court.
- Where an advocate shouted slogans in the open court

- If advocate hurled his shoe towards the court

- If advocate interrupted the court proceedings

- If advocate disrespect to the judges

-If advocate threaten to the judges

-If advocate use insulting language

-If advocate using uncontrolled language

-If advocate given a statement imputing prejudice or

unfairness or corruption to the judges
 CONTEMPT MADE BY JUDGES

 Sec-16 of the act 1971 provides that judges are liable for the

 contempt of courts

- If judges insulting any party, advocate

- Judicial precedent

- If he loss his temper

- Using vulgar words against any one in court hall or proceedings

 M O H A M M E D S H A F I , A D V O C AT E V
C H O U D A RY Q U A D I R B A K A S H

 In this case the first class magistrate, Lahore, on the date of hearing the counsel
pleaded that his client had obtained an interim injunction in the sub judge’s (substitute)
court against the petitioner from prosecuting the proceedings till the disposal of the suit.
 thereafter the magistrate lost his temper and told the counsel “ this is a
foolish order passed by a foolish sub judge in a suit filed by a foolish lawyer. From
where have you come? What is your standing? You seem to know nothing of law. You
are instrumental in procuring the foolish order and as such you have committed a crime
for which you could be sent behind prison bars and it is necessary to teach the law for
counsel again. Whether what the remarks made by judge it amounts to contempt of
court.
G U L A M M O H A M M E D V. S A R I F B A I G

 If the superior court has passed the stay

order, the subordinate court cannot ask the
superior court to state the law under which the
order has been passed
B . K . K A R V. C H I E F J U S T I C E O F O R I S S A

 In this case SC was held that A

judge of the subordinate court is held liable
in contempt for disobeying the order of the
high court only when the disobedience is
deliberate and willful.
 IN RE ABDUL CASE

 In this case SC held if a judge or magistrate

accepts illegal gratification, it is considered contempt
of court. The court has made it clear that the person
giving the bribe and the judge or magistrate taking
the bribe, both are guilty of contempt of court.
 C O N T E M P T L I A B I L I T Y O F S TAT E .

 1. Art-12
 2. Mohd. Aslam v. UOI
 E.M.S. Namboodripad v. T.N. Nambiar
in this case E.M.S. Namboodripad who was the chief minister of Kerala at
a press conference charged the judiciary as an instrument of oppression and
said that the judges were guided and dominated by class hatred, interests
and class prejudices and favoured the rich against the poor. He further said
that the judiciary works against workers.
Article 12 defines ‘State’ as:
Legislative and Executive Organs of the Union Government:
• Indian Government
• Indian Parliament – Lok Sabha, Rajya Sabha

Legislative and Executive organs of the State Government:

• State Governments
• State Legislature – Legislative Assembly, Legislative Council of State

All local authorities

• Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats
• Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats
• District Boards
• Improvement Trusts, etc.

Statutory and Non-Statutory Authorities

• Statutory Authorities Examples:
• National Human Rights Commission
• National Commission for Women
• National Law Commission
• National Green Tribunal
• National Consumer Disputes Redressal Commission
• Armed Forces Tribunal
• Non Statutory Authorities Examples
• Central Bureau of Investigation
• Central Vigilance Commission
• Lokpal and Lokayuktas
 In india it is now well settled that the
state is not immuned from the concept of
liability and therefore it may be held liable
for contempt of court.
 TA R A F U L L A H V. S . N . M O I T R A
 If an injunction or order is passed against the state or
corporate body and it is found that there has been willful
disobedience thereof apart from the state or the corporate
body, the officer responsible for its implementation will also
liable for contempt, if it is established that he was the person
in charge of the subject-matter to which the injunction or
order alleged to have been disobeyed related and had
knowledge of the order.
 T. R . D H A N A J AYA V. VA S U D E VA N
 Petitioner claim for promotion as chief engineer was accepted by
the high court in contradiction with that of the then compulsory and the
decision of the High court was affirmed by the supreme court. The fact
that the petitioner was not eligible under relevant rules for promotion
as the chief engineer was not brought to the notice of the court. When
the claim inter se had been adjudicated and the claim of the petitioner
had become final, the government did not promote the petitioner in
accordance with the courts order on ground that he could not be
promoted under the relevant rule. The court held that the refusal
amounted to contempt of court.
R A M E S H C H A N D R A S R I VA S TAVA V. J . R
C H O U D A RY

 In this case SC was held that where an

order is passed against an officer, his
successor is also bound to obey the order and
in the case of willful disobedience he may be
held liable for contempt of court.
 A . V. A M A R N AT H A N V. H . D .
K U M A R S WA M Y

 In this case court held that in case of initiation of

criminal contempt proceedings against the chief
minister of the state requirement of obtaining consent of
the Advocate- General is mandatory. If the advocate
general gives his consent, the court may initiate
contempt proceedings against Chief Minister.

N A R A I N S I N G H V. H A R D AYA L S I N G H

In the case of corporation, apart from the corporation, the

officer or agent who acts for corporation and knowingly disobeys
the order of the court against the corporation will be held liable
for contempt, even though the order is only against the
corporation.
 S . N . B A N A R J E E V. K U C H WA R L I M E
S T O N E S C O . LT D

 In this case SC was held that for this

liability it is not necessary that he should be
a party to the suit. It is also not necessary
that the order is served on him. It is enough
if he has knowledge of the order.
REMEDIES AGAINST THE ORDER OF PUNISHMENT

 Section 12 of the contempt of court act 1971 makes

provision in respect of punishment for contempt of court.
The provisions of section 12 are as follows. A contempt
of court may be punished with simple imprisonment for
a term which may extend to six months, or with fine
which may extend to two thousand rupees or with both.
 what are the Remedies available against the order of
Punishment. It can be divided in to 3 types. They are
1.Apology Sec-12 (if court is satisfied) (what are the reasons
are coated)
2.Appeal sec-19 ( in case of HC 30 days & in case of SC 60
days)
3.Review Sec -19
The high courts and the federal court were recognized
as courts of record even under the government of india
act 1935.
The existing constitution of india contains specific
provisions for recognizing the high courts and the
supreme court as court of record.
 Article 215 declares that 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 court.
Article 129 provides that the SC shall be a court of
record and shall have all the powers of such a court
including the power to punish for contempt of record.
 COURT OF RECORD

 it means a court whose proceedings

are recorded and available as
evidence of fact.
 A court of record is a trial court or
appellate court in which a record of the proceedings is
captured and preserved, for the possibility of appeal. ...
In contrast, in courts not of record, oral proceedings are
not recorded, and the judge makes his or her decision
based on notes and memory.


 A court of record is a court whose acts and proceedings

are enrolled for perpetual memory and testimony.
These records are used with a high authority and their truth
cannot be questioned. In Indian constitution article 129
make the Supreme Court the 'court of record”.
 I N R E N A N D A L A L B A LWA N I C A S E
 in this case SC was held that where an advocate shouted slogans
in the open court and hurled his shoe towards the court and thereby
interrupted the court proceedings, his action both by his words and
deeds in the presence of the court taken as gross criminal contempt of
court and he was punished for contempt of court. His apology was not
accepted as it was not genuine and bonafide and made only to escape
punishment.
 E X - C A P T H A R I S H U P PA L V. U N I O N O F
INDIA

 In this case SC was made it clear that lawyer have no right to go on

strike or give a call for boycott., not even on a token strike. No lawyer
can be visited with any adverse consequences by the association or the
bar council and no threat or coercion of any nature including that of
expulsion can be held out. The court held further that only in the rarest
of rare cases where the dignity, integrity and independence of the bar
and/or the bench are at stake, the courts may ignore to a protest
abstention from work for not more than one day.
 C O U RT O N I T S O W N M O T I O N V. B . D .
KAUSHIK & OTHERS

 In a case certain advocates who had

stormed(captured) into various court-rooms of
the high court, raised slogans against the
judges and disrupted the courts functioning,
were held guilty of contempt of court.
 M . V. S H A R E E F V. J U D G E S O F N A G P U R
H I G H C O U RT

 In this case SC was held that allegations

made in the application for the transfer of the case
may amount to contempt of court and the counsel
who has signed it may be punished for it.
E X - C A P T H A R I S H U P PA L V. U N I O N O F
INDIA

 The court has further observed that if the bar councils

do not perform their duties by taking disciplinary action
on complaint from a client against an advocate for non-
appearance by reason of a call for strike or boycott, on
an appeal under sec-38 of the Indian Advocates Act-
1961, then the SC can and will.