CONTEMPT OF COURT
According to the Oxford Dictionary, contempt is the state of being despised or
dishonored; disgrace. 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
witness during litigation is considered to be contempt of court, says Oswald.
Contempt is defined by Halsbury, as consisting of words spoken or written which
obstruct or tends to obstruct the administration of justice.Business law consulting
The Indian legislature does not provide with a concrete definition of contempt,
however section 2(a) of The Contempt of Courts,1971 says '˜contempt of court means
civil contempt or criminal contempt'™. Section 2(b) & section 2(c) of The Contempt
of Courts Act, 1971 defines civil and criminal contempt. Although the legislature has
not defined what amounts to contempt, it has defined civil and criminal contempt.
Thus contempt cannot be confine to four walls of a definition. Therefore, what would
offend the court'™s dignity and what would lower the court'™s prestige is thus a
matter which can be decided by the court itself and it'™s for the court to deal with
each case of contempt under the facts and circumstances of that case.
What is Contempt of Court?
Contempt of court is a legal concept that seeks to protect the dignity and authority of
the judicial system.
In India, contempt of court is addressed under the Act of 1971, which defines and
prescribes punishment for contemptuous actions.
The primary objective is to maintain the sanctity of the judicial process, ensuring that
the judiciary's authority is respected and upheld.
However, the interpretation and application of contempt laws often raise concerns
about potential infringement on freedom of expression, leading to a delicate balance
that must be maintained.
TYPE
contempt of court is of two types:
1. Civil Contempt
Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been
defined as wilful disobedience to any judgment, decree, direction, order, writ or other
process of a court or wilful breach of an undertaking given to a court.
2. 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:
(i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any
court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial
proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.
(a) 'High Court' means the high court for a state or a union territory and includes the
court of the judicial commissioner in any union territory.
What are the Defences Available in the Contempt of Courts Act, 1971?
Innocent Publication: Under Section 3 if the persons so publishing had at the time of
its publication no reasonable grounds for believing that the proceeding was pending,
the publication is described as “innocent”.
Fair and Accurate Report of Judicial Proceeding: Under Section 4 a person shall
not be guilty of contempt of court for publishing a fair and accurate report of a
judicial proceeding or any stage thereof.
Fair Criticism: Under Section 5 it is the privileged right of the Indian citizen to
believe what he considers to be true and to speak out his mind.
Complaint Against Presiding Officer: Under Section 6 A person shall not be guilty
of contempt of court in respect of any statement made by him in good faith
concerning the presiding officer of any subordinate court.
Truth as a Defence: Section 13 enables the Court to permit justification by truth as a valid
defence in any contempt proceedings if it is public interest or bona fide.
Apology: Proviso to Section 12(1) says that the accused may be discharged, or the punishment
awarded may be remitted on apology being made to the satisfaction of the Court.
Prashant Bhushan Case
CONCLUSION
