Court Contempt Act: An Overview

Articles 129 and 215 of the constitution provide provisions that allow the courts to hold someone in contempt if they try to undermine or ridicule the renowned institution, upholding the sanctity and status of the esteemed organisation. The Contempt of Courts Act, 1971, the most recent amendment to which was made in 2006, is the current piece of legislation governing the country's law of contempt, which was first passed in 1926.

History

The 1952 Contempt of Courts Act did not grant the courts any new authority. It did, however, depart significantly from the previous Act of 1926 in two ways: first, it expanded the definition of "high court" to include the Courts of Judicial Commissioner; and second, it gave the aforementioned the authority to try contempt cases that were subordinate to them. But surprisingly, there was still a lot of ambiguity around the rule of contempt, and the word "contempt" had not yet been defined in any of the Acts. It became clear that the aforementioned law needed to be addressed in light of the two fundamental liberties guaranteed by the constitution, namely the right to free speech and the right to personal liberty. In order to reform the nation's whole contempt statute, a committee was established in 1961 and directed by the late H.N. Sanyal. This committee's suggestions became the Contempt of Courts Act of 1971.

What is Contempt of Court?

The phrase is defined as "civil contempt or criminal contempt" in Section 2(a) of The Contempt of Court Act, 1971. Although essentially distinct in character and essence, the two can occasionally be very difficult to distinguish. Criminal contempt is an offence against society as a whole where the contemner, by his words or actions, undermines the authority of the court and brings it into disrepute. A civil contempt is an act of private wrongdoing that harms the interests of the party entitled to benefit from the order that has been disobeyed.

Types of Contempt of Court

Following are the two major types of contempt of court

• Civil Contempt

• Criminal Contempt

Let’s discuss each one of them separately in brief

Civil Contempt

Civil contempt is defined as willful disobedience to a court's order, decree, direction, judgement, or writ by any person, as well as willful breach of commitments made to a court, in Section 2(a) of the Contempt of Court Act, 1971. These are fundamentally private offences, since civil contempt denies a party the benefit for which the order was established. In other words, a person who is entitled to benefit from a court order is usually the victim of an injustice.

Criminal Contempt

Criminal contempt is defined in Section 2(c) of the Contempt of Court Act, 1971 as the dissemination of any information through words, gestures, signs, or visible representation, whether spoken or written.

Criticism

In order to improve media coverage of legal and judicial issues, Markandeya Katju, a retired Supreme Court judge and former chairman of the Press Council of India, recommended changes to the 1971 Contempt of Courts Act in 2011. The Law Commission of India was given a mandate by the Indian government in March 2018 to reexamine Section 2 of the 1971 Contempt of Courts Act, which establishes the crime of contempt. The Commission was tasked with reviewing a proposal that argued that the crime of "scandalising the court," or criminal contempt, should not be included in the definition of contempt of court and should instead be restricted to instances of civil contempt, or disobedience of court orders.

Punishment

The penalty for contempt of court is covered in Section 12of the Contempt of Court Act, 1971. Someone can be punished for contempt of court by the High Court or the Supreme Court. According to Section 12(1) of this Act, a person who is accused of contempt of court may be sentenced to a simple sentence of up to six months in jail, a fine of up to two thousand rupees, or a combination of both types of penalties.

Remedies

The Contempt of Court Act, 1971, was amended in 2006 to include Section 13. The 2006 Contempt of Court (Amendment) Act may be the name of the new law. According to this section, there are specific situations or cases in which contempt of court cannot be penalised.

According to Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006, no court subject to this Act shall be punished for contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes or tends to substantially interfere with the due administration of justice.

If the court determines that the act was carried out in the public interest and the request to use that defence is genuine, it may grant the defence based on the justification of truth, according to Section 13 of this Act, Clause (b).

Contempt Proceeding

The 1971 Contempt of Court Act's two sections that deal with the contempt proceeding process One discusses the court of records proceeding, while the other discusses proceedings that do not involve the court of records.

The method for a contempt proceeding before the court of records is covered by Section 14 of the Contempt of Court Act, but the procedure for a contempt proceeding outside the court of records is covered by Section 15 of this Act.

Contempt committed outside the court

As opposed to civil contempt, externally committed criminal contemptThe notice of criminal contempt issued by courts of record like the Supreme Court and the High Court is covered by Section 15(1) of the Contempt of Court Act, 1971. The Supreme Court and the High Court may act in the ways listed below to take notice of criminal contempt

• If the Central Government notifies the law officer connected to the High Court for the Union Territory of Delhi to continue with the motion In that case, it could be seen as a contempt of court committed elsewhere.

• If someone moves forward with the Advocate General's written approval.

• On the High Court's and Supreme Court's Advocate General's motions.

According to Section 15(2) of this Act, the high court may take specific steps in accordance with this Act's provisions in cases of criminal contempt of the subordinate court.

Contempt by the third party

The only requirement to establish a person's liability for contempt of court is to demonstrate that they were aware of the order that was violated. It is not essential to demonstrate that a person who has disobeyed a court order can be held accountable.

Landmark Cases

Supreme Court Bar Association vs. Union of India & Anr

In this case, the judge decided that the High Court and the Supreme Court might both use the contempt of court procedure that was once authorized by Parliament. This indicates that the provisions of Section 12(1) of the Contempt of Court Act, 1971, which provide for a maximum fine of Rs. 5000 and a term of six months' imprisonment, shall apply in this instance.

Zahira Habibullah Sheikh & Anr vs. State of Gujarat & Ors

In this case, it was decided that the Contempt of Court Act, 1971's contempt punishments only applied to the High Court and served as a general reference for the Supreme Court. Because the Supreme Court was given extensive powers that the Indian Constitution's authors did not grant, the judgement that was rendered lacked reason. This was concerning because the verdict was not supported by logic.

Conclusion

Any action or behavior that show a disrespect towards a court of law is characterized as contempt of court. It can include actions or behaviors that interfere with the administration of justice, such as not abiding a court order, disrupting proceedings in the courtroom, or failing to appear in court when summoned.

Furthermore, contempt of court can be either civil or criminal. Civil contempt involves disobedience or resistance to a court order, and the punishment is usually a fine or imprisonment until the person complies with the court's order. Criminal contempt involves actions that interfere with the orderly administration of justice, such as disrupting proceedings or threatening a judge. The punishment for criminal contempt can include fines and imprisonment.

Frequently Asked Questions

Q1.Is there a definition of contempt of court in the Constitution?

Ans. According to Article 129of the Indian Constitution, the Supreme Court of India 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.

Q2. What does happen when someone is treated with contempt?

Ans. Essentially, contempt of court is viewed as a sort of disturbance that can disturb the court from conducting its business. Any person who disobeys the court may face fines and/or jail time from the judge. Usually, the person is released after agreeing to comply with the court's instructions.