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Definition

'Contempt of Court' is an offence which implies being disobedient to or disrespectful of the Court of law and its judges or magistrates. It is a form of illegal behaviour that opposes the authority, justice and dignity of the Court. It comes under the offence known as "Contempt of Court" when a person breaks any rule or regulation of a law Court. A person or an organisation is said to be found or held in contempt if s/he is engaged in disobeying a lawful order of the Court, showing a lawful order of the Court, disruption of proceedings through poor behaviour, showing disrespect for the judge, the publication of material or non-disclosure of material, which is likely to jeopardise a fair trial. A judge in Common Law has more power in issuing the Court order of contempt than that of a judge of Civil Law.

Types of Contempt of Court

The Contempt of Court Act, 1971, under Section 2(a), it is broadly classified as:

1. Civil Contempt - Section 2(b) of the Contempt of Court Act, 1971, defines civil contempt as willful disregard to the judgement, decree, direction, order, writ or any other process of the Court or willful breach of an undertaking given to the Court.

2. Criminal Contempt - Section 2(c) of the Contempt of Court Act, 1971, defines criminal contempt as:

1. the publication of any matter by spoken or written, words, gesture, sign, or visible representation or

2. doing any of the following act:

1. Scandalise or tends to scandalise, lowers or tends to lower the authority of the Court

2. Prejudices, or interfere or tends to interfere during the judicial proceeding

3. Interfere or tends to interfere, or obstruct or tends to obstruct with the administration of justice in any manner.

The Contempt of Court punishment touches upon the two fundamental rights of the people of India, specifically, the right to personal liberty and the right to freedom of expression. Hence it usually felt that the existing law related to the Contempt of Court is unclear, inadequate and uncertain. Therefore, it is advisable to scrutinise the entire law on the subject by the special committee.

Law for Contempt of Court

The Contempt of Court Act was passed in 1971 to deal with the situations related to Contempt of Court. There are two articles which inform us about Contempt of Court proceedings in the Constitution of India, namely, Article 129 and Article 142(2).

Article 129

As mentioned in article 129, the Supreme Court of India gets all powers under the "Court of Record" to punish someone who had held the court in contempt. The term "Court of Record" means all proceedings and acts performed in the Court get registered as evidence as well as an everlasting memory. Nobody can question the truth of these records and are treated as a higher authority. Therefore, anything or anybody goes or states against the truth of these records comprised Contempt of Court.

Article 142(2)

According to article 142(2), the Supreme Court has all powers to give an order for securing the attendance of the person, or production of documents, or punishment for contempt. However, it does not mean having all the powers can do anything against the rights of personal liberty.

Essentials of Contempt of Court

Every offence should have fulfilled certain exceptions to make the person liable for doing that act. Contempt of Court also has specific essentials.

• In case of Civil Contempt, willful disobedience should be done to any of court proceedings, judgement, decree, orders, etc.
• In the case of Criminal Contempt, a publication which is the most important thing that can be done either by words, or by spoken or written, or by signed, or by visible representation.
• The Court should make a valid order which should be in the knowledge of the respondent.
• The contemnor's action should be a deliberate and in disregard of the order of the Court.

Punishment for Contempt of Court

The punishment for Contempt of Court is mentioned in Section 12 of the Contempt of Court Act, 1971, and authorities of punishment are given to the High Court and the Supreme Court of India. As per Section 12(1), the punishment includes imprisonment up to six months or fine up to Rs. 2,000 or both. In some cases, the accused may get a discharge or revoke the awarded punishment if he or she makes an apology and that apology should satisfy the Court. The apology made in the bona fide will not be rejected on the ground of conditional or qualified.

Later, according to the Section 13 of the amendment of the Act, called as the Contempt of Court (Amendment) Act, 2006, Contempt of Court cannot be punishable under certain circumstances or in certain cases. 

• Under Section 13(a) of the Contempt of Court (Amendment) Act, 2006, no court under this Act will be punished for Contempt of Court until and unless it is satisfied that the nature of the Contempt is substantially interfered or tends to substantially interfere with the due course of justice.

• Under Section 13(b) of the Contempt of Court (Amendment) Act, 2006, the Court may give the justification of the truth if the act is done in the public interest and the request of invoking defence is bona fide.