Contempt of Court in India
Meaning of Contempt of Court
Contempt of Court means any act that:
- Disrespects the authority of the court,
- Obstructs administration of justice,
- Disobeys orders of the court, or
- Lowers the dignity and authority of the judiciary.
The power of contempt ensures:
- Independence of judiciary,
- Public confidence in courts,
- Proper administration of justice.
Constitutional Provisions
1. Supreme Court as Court of Record – Article 129
The Supreme Court shall be a Court of Record and has power to punish for its contempt.
Meaning of Court of Record
A court whose:
- Judgments are permanently recorded,
- Records are accepted as evidence,
- It has inherent power to punish for contempt.
2. High Courts as Courts of Record – Article 215
Every High Court is also a Court of Record and can punish for contempt of itself.
3. Article 19(2)
Freedom of speech under Article 19(1)(a) can be reasonably restricted on grounds including:
- Contempt of court.
Thus, criticism of courts is allowed only within constitutional limits.
Important Point
The Constitution:
- Mentions contempt of court, but
- Does not define Civil or Criminal Contempt, and
- Does not provide detailed procedure for contempt proceedings.
These are defined under:
Contempt of Courts Act, 1971
Contempt of Courts Act, 1971
This law was enacted based on recommendations of the:
H.N. Sanyal Committee
The Act defines:
- Civil Contempt,
- Criminal Contempt,
- Procedure,
- Punishment,
- Defences.
Types of Contempt
1. Civil Contempt
Defined under Section 2(b).
Definition
Wilful disobedience of:
- Any judgment,
- Decree,
- Direction,
- Order,
- Writ,
- Undertaking given to court.
Key Feature
Focuses on:
- Non-compliance with court orders.
Examples
- Government refusing to implement court order.
- Person violating stay order.
- Failure to obey maintenance order.
2. Criminal Contempt
Defined under Section 2(c).
Includes publication or acts that:
- Scandalise or lower authority of court,
- Prejudice judicial proceedings,
- Obstruct administration of justice.
Examples
- False allegations against judges intended to reduce public confidence.
- Influencing witnesses.
- Publishing material affecting fair trial.
- Threatening judges.
Difference Between Civil and Criminal Contempt
| Basis | Civil Contempt | Criminal Contempt |
|---|---|---|
| Nature | Disobedience of court order | Attack on authority of court |
| Purpose | Ensure compliance | Protect dignity of judiciary |
| Focus | Private rights | Public justice system |
| Example | Ignoring court order | Scandalising court |
Punishment for Contempt
Under the Contempt of Courts Act, 1971:
Maximum punishment:
- Simple imprisonment up to 6 months, or
- Fine up to ₹2000, or
- Both.
Court may discharge the contemnor if:
- Apology is genuine and bona fide.
Defences Against Contempt
The Act provides certain protections.
1. Innocent Publication
Person unaware that proceeding was pending.
2. Fair and Accurate Reporting
Media can report court proceedings fairly.
3. Fair Criticism of Judicial Acts
Reasonable criticism after judgment is allowed.
4. Truth as Defence
- Public interest involved,
- Statement made bona fide.
Suo Motu Contempt Power
“Suo motu” means:
“On its own motion”
Supreme Court and High Courts can start contempt proceedings themselves without complaint.
Who Can Initiate Criminal Contempt?
- Court itself,
- Attorney General (for Supreme Court),
- Advocate General (for High Court),
- Any person with consent of AG/Advocate General.
This prevents misuse through frivolous petitions.
Important Cases
1. E.M.S. Namboodiripad Case (1970)
SC held:
- Fair criticism allowed,
- But attacks reducing public confidence punishable.
2. Arundhati Roy Case (2002)
Supreme Court punished author Arundhati Roy for criminal contempt over remarks against judiciary.
3. Prashant Bhushan Case (2020)
Advocate Prashant Bhushan held guilty for tweets criticizing judiciary and CJI.
Case revived debate on:
- Free speech vs contempt power.
Controversies Around Contempt Law
Criticism
- “Scandalising the court” considered vague.
- May suppress free speech.
- Seen by some as colonial-era law.
Supporters say
- Necessary to maintain dignity of judiciary.
- Protects public faith in justice system.
Law Commission Recommendations
The Law Commission recommended:
- Retaining contempt powers,
- But using them cautiously,
- Protecting fair criticism.
Important UPSC Concepts
Courts of Record
Articles:
- 129 → Supreme Court
- 215 → High Courts
Important Articles
| Article | Provision |
|---|---|
| 129 | SC as Court of Record |
| 215 | HC as Court of Record |
| 19(2) | Contempt as restriction on free speech |
| 142(2) | SC power regarding contempt |
Key UPSC Prelims Facts
- Constitution does not define civil/criminal contempt.
- Contempt of court is mentioned in Article 19(2).
- Contempt of Courts Act enacted in 1971.
- Truth became defence in 2006 amendment.
- Supreme Court and High Courts are Courts of Record.
- Only SC and HCs have constitutional contempt powers.
UPSC Mains Angle
Possible Questions
- Discuss balance between freedom of speech and contempt of court.
- Examine whether contempt law in India requires reform.
- Explain constitutional basis of contempt powers in India.
Quick Revision Summary
- Contempt protects authority of judiciary.
- Articles 129 & 215 give contempt powers.
- Article 19(2) allows restriction on free speech.
- Contempt of Courts Act, 1971 defines:
- Civil Contempt,
- Criminal Contempt.
- Civil = disobedience of court order.
- Criminal = scandalising court or obstructing justice.
- Truth is valid defence after 2006 amendment.
- Courts can initiate suo motu contempt proceedings.
No comments:
Post a Comment