Terminologies:
- Contempt refers to the offence of showing disrespect to the dignity or authority of a court. The Act divides contempt into civil and criminal contempt.
- Civil contempt refers to the wilful disobedience of an order of any court.
- Criminal contempt includes any act or publication which: (i) ‘scandalises’ the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner. ‘Scandalising the Court’ broadly refers to statements or publications which have the effect of undermining public confidence in the judiciary.
Constitutional provisions:
- The following 3 articles are related to it –
- A – 19(2): A–19(2) provides allows the state to impose reasonable restriction on freedom of expression on many grounds and one of it is contempt of court.
- A –129: Supreme Court to be a court of records (This article explicitly gives SC the power to punish someone for their contempt).
- A–215: High Court to be a court of records. This articles explicitly gives HC the power to punish someone for their contempt.
- Non–availability to subordinate courts (Only to SC and HC):
- Subordinate courts have no power to prosecute a person for contempt of court.
- Only high courts can take cognizance of contempt committed against lower court. i.e. if a contempt is done by a person belonging to subordinate court then subordinate court will send a reference matter to the high court.
Contempt of court 1971 Act, 1971:
- Now contempt of court 1971 act was passed on recommendations of Sanyal committee. It defined what is contempt, punishment etc.
- What is contempt? According to it, contempt of court means –
- Civil contempt: It broadly means disobeying court orders. To be specific it means wilful disobedience to any judgement, decree, direction, order, writ or other process of a court.
- Criminal contempt: to act criminal contempt includes any act which
- Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court,
- Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding or
- Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
- What is NOT contempt? The following things are not under contempt of court –
- Innocent publication and distribution of matter.
- Fair and accurate reporting of judicial proceedings and
- Fair criticism of judicial act is not contempt.
- Punishment:
- Simple imprisonment for a maximum term of upto 6 months and/or Fine.
- But if the accused makes an apology to satisfaction of constitution then he can be freed of the charges.
