Contempt of Court

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Contempt of Court is the the offence of being disobedient to or disrespectful of a court of law and its officers.Contempt is an act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body. It refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge’s ability to administer justice or that insults the dignity of the court. Contempt of Court consists of words spoken or written which obstruct or tend to obstruct the administration of justice or Publishing words which tend to bring the administration of Justice into contempt, to prejudice the fair trial of any cause or matter which is the subject of Civil or Criminal proceeding or in anyway to obstruct the cause of Justice.The court’s power to punish for contempt includes fines and/or jail time.

Constitutional Provisions:-

Article 129: The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Article 215: Every High court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. contempt of court was necessary to maintain the dignity and majesty of judges and vindicate
Art.144:Civil and judicial authorities to act in aid of the Supreme Court.—All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
Art.141. Law declared by Supreme Court to be binding on all courts.— The law declared by the Supreme Court shall be binding on all courts within the territory of India.
Art.142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.— (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
Art.261. (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.

The Contempt of Courts Act, 1971 was enacted with the object to describe and restrict the authority of the court to penalize disrespect of Court.There are essentially two types of contempt:

(a) disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

(b) willful failure to obey an order of the court. Failure to make a court-ordered payment, such as alimony, may result in a finding of contempt.

Features of The Contempt of Courts Act, 1971 :-

  • Innocent publication and distribution of matter – not contempt (Sec.3)
  • Fair and accurate report of judicial proceeding – not contempt (Sec 4)
  • Fair criticism of judicial act – not contempt(Sec.5)
  • Complaint against presiding officers of subordinate courts when not contempt- in respect of any statement made by him in good faith (Sec.6)
  • Publication of information relating to proceedings in chambers or in camera – not contempt except in certain cases (Sec 7 )
  • Act not to imply enlargement of scope of contempt (Sec 9.)- Due regard to Constitutional Provisions

 

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