Introduction
Contempt of Court means an action bringing disrepute to the authority of the Court or inaction on the part of a party to a Case, not in line with the order of such Court.
In India, the Power is conferred upon the Supreme Court as well as the High Courts through Article 129 and Article 215 of the Indian Constitution respectively.
The Contempt of Courts Act, 1971, merely outlines the procedure and route through which contempt can be initiated and contemnor punished.
Apart from Contempt of Courts Act, 1971 various High Court as well as the Supreme Court have also devised Contempt Rules, which are to be followed during the Contempt Proceedings.
What is Not a Contempt –
Innocent publication of a pending matter, where the publisher didn’t know that the matter was pending.
Publication in respect of any concluded proceedings too, do not amount to contempt of Court.
Reasonable Criticism of the Court’s decision does not amount to Contempt.
Publication of In-Chamber and In-Camera proceedings is not a contempt except in certain cases as prohibited by the Act.
Types of Contempt –
- Civil Contempt –
- As defined under S. 2(b) of the Act, Civil Contempt means “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”.
- Thus, disobeying any order etc. of the Court implies Civil Contempt of the Court and thus the Court may initiate such action against
- Criminal Contempt –
- Criminal Contempt is defined under the S. 2 (c) of the Act, it says, Criminal Contempt means the publication of any matter or doing any act which scandalises, prejudices, interferes and lowers the Authority of the Court.
- Cognizance of Criminal Contempt can be taken up by the High Court or Supreme Court itself during hearing or,
- Any motion by the Advocate General ,
- Motion by any person with written permit of Advocate General,
- Suo-Moto Cognizance by the Supreme Court or High Court
Punishment for Contempt –
According to S.12 of the Act, In case of a person convicted with the charge of Contempt of Court, the punishment is, Simple Imprisonment upto 6 months. Or, Fine of Rupees 2000/- or both.
It is also provided in the Act that an accused may be discharged if he makes an apology to the satisfaction of the Court.
Hearing by Divisional Bench –
In case of a Criminal Contempt it is provided by S. of the Act that such proceedings will be conducted by a bench of two judges of the Concerned High Court or Supreme Court.
Landmark Rulings –
In P.N. Duda Vs. P. Shivshanker, 1988 AIR 1208, 1988 SCR (3) 547 – The Supreme Court held that, In a case where neither the Attorney General nor the Solicitor General was in a position to consider a request under section 15(1)(c), the petitioner could seek the consent of some other law officers, as the Additional Solicitor General, it was not open to him to seek such consent, as under section 15, the written consent of only those officers as have been specifically authorised by the section would be taken note of for entertaining a petition under the section.
Appeals Allowed –
As per Section 19 of the Contempt of Courts Act, Appeals are allowed for the offence of Contempt of Court.
A matter of contempt decided by single bench of a High Court can be appealed to a Division Bench of the Same High Court.
In a matter between S. Sammaiah and Other v. Andhra Pradesh State Electricity Board, 1994 (2) APLJ 264(A.P.) the High Court held that, “No appeal lies to a Division Bench against the order of a leamed single Judge dismissing the application filed for contempt of Court“
Law in Foreign Countries –
United Kingdom – In England and Wales, due to the negligible use of the offence of ‘scandalising the court’ it was abolised and with its long and continued non-use, it stood to be insignificant. However such abolition of the words Scandalising the Court did not change the situation vis-à-vis such offences, in the United Kingdom, and they continue to be punishable under other existing statutes, i.e., the Public Order Act, 1986, and the Communications Act, 2003 [Via SCCOnline ]
United States – In the United States of America, Contempt laws are governed by U.S. Code and Federal Criminal Procedure , Civil as well as Criminal Contempt are recognised by the U.S. Laws and punished as provided by the laws, even the U.S laws provide for Notice, and Fair Trial to the person accused of such Contempt of Court.
Leave a Reply