What is it :- Contempt of Court refers to the offense of showing disrespect to the dignity or authority of a court. It is regulated by the Contempt of Courts Act, 1971 (based on H.N. Sanyal Committee recommendations), which aims to protect judicial integrity and uphold the rule of law.
Constitutional Basis:-
The power to punish for contempt is constitutionally granted:
- Article 129: Grants the Supreme Court (as a court of record) the power to punish for its own contempt.
- Article 215: Grants High Courts (as courts of record) the power to punish for their own contempt.
Types of Contempt :-
The 1971 Act categorizes contempt into two types:
1. Civil Contempt (Section 2(b))
- Defined as wilful disobedience to any judgment, decree, direction, order, writ, or other process of a court, or the wilful breach of an undertaking given to a court.
2. Criminal Contempt (Section 2(c))
- Defined as the publication of any matter or the doing of any act that:
- Scandalizes or tends to scandalize the authority of any court;
- Prejudices or interferes with the due course of any judicial proceeding; or
- Interferes or obstructs the administration of justice in any other manner.
Punishment and Procedure
- Penalty: A person found guilty may be sentenced to simple imprisonment for up to six months, a fine up to Rs. 2,000, or both.
- Apology: The court may waive the punishment if the accused offers an apology that satisfies the court.
- Jurisdiction: High Courts have the power to punish for contempt of their subordinate courts.
- Initiation (Criminal): The Supreme Court or a High Court may take action suo motu (on its own motion) or on a motion made by the Advocate-General.
- 2006 Amendment: This amendment clarifies that contempt is punishable only if the act significantly interferes or tends to significantly interfere with the administration of justice.
