What is Contempt of Court, all you need to know!

Indian Judicial System is known to be one of the best judicial systems. The court which acts as the pillar of justice is viewed in the light of high respect. It is a fact that the law is above any and every individual has a duty to respect the court and its proceedings. So what exactly is termed as contempt of court?

What is Contempt of Court?

In a layman’s language, contempt of court can be explained as an act that lowers or defies the authority of the court. It can also be termed as disrespecting or disobeying the court and its authority. There is an act which details in this matter namely ‘The Contempt of Courts Act, 1971’. This act also spells the definitions of the types of contempt under Section 2(b) and Section 2(c).

The Contempt of Courts Act, 1971 also has details related to the power of the Supreme Court and High Court for punishing people for contempt of court. Section 10 of the act deals with the aspects related to the power of High Court to punish contempts of subordinate courts.

Types of Contempt of Court

As defined by the Contempt of Courts Act, 1971, there are two types of contempt which are;

1. Civil Contempt, Section 2 (b)- This section defines civil contempt as any instance or act which involves wilful disobedience to any judgment, decree, order, direction, writ or any process of court or wilful breach of the undertaking which was given to the court.
2. Criminal Contempt, Section 2 (c)- This section defines criminal contempt of court as any publication which might be words, spoken or written, signs or visible representation or otherwise of any matter or any act which

1. Scandalises or lowers or tends to scandalize or reduce the authority of any court
2. An act which interferes or tends to hinder or prejudice any judicial proceeding
3. An act of interference or obstruction or an act that tends to interfere or obstruct the administration of justice in any manner

In all these conditions, the High Court means High Court for a state or Union Territory and also includes the court of the judicial commissioner of union territories.

Limitation for actions for contempt

There is a limitation imposed in the law in Section 20 according to which the time limitation for initiating the proceedings relating to the contempt is one year from the date on which the contempt was said to have been made.

Punishment for Contempt of Court: Section 20

If any of the acts leads to the contempt of court, the common man’s faith in the judicial system is also shaken, and hence it is a serious offense which needs to be punished.

It is the High Court and Supreme Court in India which hold power to punish the accused for contempt of court.

In case of criminal contempt, the punishment can range from imprisonment ranging up to six months which may or may not be combined with a fine ranging up to INR 2000.

In case of civil contempt when the court thinks that imposing fine may not be sufficient and that a sentence of imprisonment is necessary then instead of sentencing the accused to simple imprisonment the court shall direct that the accused be detained in civil prison ranging up to six months.

There is also provision for remittance of the punishment upon an apology made to courts satisfaction.

In the case of Supreme Court Bar Association v. Union of India, it was held that the power of the Supreme Court to punish for contempt of court, though quite wide, is yet limited and cannot be expanded to include the power to determine whether an advocate is also guilty of “professional misconduct” in a summary manner.

Defense: Section 13

In a recent amendment made to The Contempt of Courts Act, 1971 in 2006, the accused have a right to raise defense. Such defense is to be raised of justification by the truth. If the court thinks that it is in public interest and the request invoking said defense is bona fide it may reconsider.

It is important to note that no court can impose a sentence unless there are substantial grounds to believe that such contempt interfered with the due course of justice substantially.

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