Contempt of Court

According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.

What is contempt of court?

• According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.

1. 1. Civil contempt means wilful disobedience of any judgment, decree, direction, order, writ, or other process of a court, or wilful breach of an undertaking given to a court.
   2. Criminal contempt is attracted by the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which:
      1. scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or
      2. prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
      3. interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

• In 2006, the government brought in an amendment, which now provides “truth” as defense provided it is bona fide and in the public interest.

Why is the A-G’s consent needed to initiate contempt of court proceedings?

• Under Subsection 1 of Section 15 of The Contempt of Courts Act, 1971, the Supreme Court or the High Court may take action on its motion or a motion made by (a) the Advocate-General, or (b) any other person, with the consent in writing of the Advocate-General.

What is the punishment for contempt of court?

• Simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
• The accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.