Contempt of Court
• By Ms. Ruchika Naik
Meaning of Contempt of Court
• When a person disobey the order of the court or behaves in a manner which opposes
or defies the authority, justice, and dignity of the court.
• If a contempt is committed by a subordinate then who is liable?
• Will vicarious liability come to play?
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Meaning
• Dr. U.N. Bora, Ex. Chief Executive Officer vs Assam Roller Flour Mills
Association
• Merely because a subordinate official acted in disregard of an order passed by the Court, a
liability cannot be fastened on a higher official in the absence of knowledge.
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Meaning
• The person who commits the contempt of court is called contemnor.
• Who imposes such a sanction ?
• Judge has the right to impose sanctions such as fines or can send the contemnor to jail for a
certain period of time if he is found guilty of Contempt of Court.
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Definition
• In India, the concept of Contempt of Court is defined in Section 2(a) of the
Contempt of Courts Act, 1971 which has broadly describe it as civil contempt or
criminal contempt.
• There are two Articles in the Constitution of India which talk about the Contempt of
Court and these are Article 129 and Article 142(2) .
CRIMINAL
CONTEMPT
CIVIL
CONTEMPT
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Definition
Art. 129 Art. 142 (2)
• Supreme Court shall be the ‘Court of • The Supreme Court has all the power to
Record’ - power to punish for contempt make an order for securing any person’s
of itself. attendance, production of any
documents or has the power to give
• The ‘Court of Record’ means a Court punishment to anyone for its contempt.
having its acts as evidence or proof.
• The truth of these records cannot be
questioned and also these records are
treated as a higher authority.
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Historical mentions …
Kautilya mentions in his book Arthashastra
• “Any person who exposes the king or insults his
council or make any type of bad attempt on the kings
then the tongue of that person should be cut off.”
• “When a judge threatens, bully or make silence to any
of the disputants in the court then he should be
punished.”
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Scope of the Contempt of the Court Act, 1971
• This Act extended to the whole of India
• Prior to striking Art 370, state of Jammu & Kashmir the act was applicable only
when its connected to the Contempt of Supreme Court.
• This Act does not apply to the Courts of Nyaya Panchayat and other Courts of the
village.
• This Act repealed the old existing Act of Contempt of Court which came into force in
1952.
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Essentials
• Disobedience to any type of court proceedings, its order, judgement, decree etc should
be wilfully in case of civil contempt.
• In criminal contempt is with regards to publications, it can be either spoken / written
or by words or by signs or by visual representation.
• The court should make a ‘valid order’ and this order should be in ‘knowledge’ of the
respondent.
• The action of contemnor should be deliberate and also it should be clearly disregard
of the court’s order.
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Essentials
Civil Contempt
Disobedience to any type of court proceedings, its order, judgement, decree etc should
be wilfully in case of civil contempt.
Illustrations
• A person misplaces the order and hence is unable to follow the order on time. Is it a
civil contempt?
• A person misplaces the order and never attempts to find it. Is it a civil contempt?
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Essentials
Criminal Contempt
In criminal contempt is with regards to publications, it can be either spoken /
written or by words or by signs or by visual representation.
Illustrations
• A person texts to another person about how ridiculous the sitting judges are? Is it a
criminal contempt?
• A person posts on a Facebook about judge’s personal life. Is it a criminal contempt?
• A person posts on a Facebook about a judgement. Is it a criminal contempt?
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Essentials
The court should make a ‘valid order’ and this order should be in ‘knowledge’ of the
respondent.
• Whats a valid order?
• Instructed properly?
• What if it has too many options ?
• Ambiguous order?
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Essentials
The action of contemnor should be deliberate and also it should be clearly disregard
of the court’s order.
• The valid order should be overlooked and wilfully followed.
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Essentials
Can any law be passed which will take away power of the court to punish for
contempt?
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Civil Contempt
• Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful
disobedience to the order, decree, direction, any judgment or writ of the Court by any
person or willfully breach of undertakings by a person given to a Court.
• CASE 1 :- Decree was executed by the court to deliver immovable property because it
was creating obstruction. He failed to do so hence he was liable for civil contempt.
• CASE 2 :- A false affidavit was filed to mislead the court. A show cause notice was sent
to him asking for reasonable explanation.
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Civil Contempt
Defences
• Lack of knowledge of the order :- eg. if it wasnt formally served, unaware of order or
claims to be.
• The disobedience or the breach done should not be :- prove that the blind eye wasn’t
turned wilfully.
• The order that has disobeyed should be vague or ambiguous :- the order itself was
so confusing that the contemnor was unable to follow it. eg. in a case R.N. Ramaul v.
State of Himachal Pradesh :- a promotion was restored but without monetary benefit -
later it was found that the order was unclear of such monetary benefit - the defence was
given to the corporation.
• Orders involve more than one reasonable interpretation :- too many options - one
which works the best should be followed
• The order is impossible to follow :- which are such instances?
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Criminal Contempt
• According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is
Defined as (i) the publication of any matter by words, spoken or written, or by gesture,
or by signs, or by visible representation or (ii) doing of any act which includes:
• a) Scandalize or tends to scandalise, or lowers or tends to lower the authority of any
court, or
• b) Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
• c) obstructs or tends to obstruct, interfere or tend to interfere with the administration
of justice in any manner
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Criminal Contempt
• Publication of any matter.
• It includes words (spoken/written), signs and visible representation.
• Publication of any material in the newspaper and magazines, the broadcasting of any
material on the radio and exhibition of anything in cinemas, theaters and television.
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Criminal Contempt
• Scandalizing or lowering the authority of the court.
• It is an attack on individual judges in particular or the court as a whole, with or without
reference to a particular case, by casting unwarranted and defamatory aspersions upon the
character or the ability of the judges.
• Can a court be criticised?
• Supreme Court in Re: Arundhati Roy AIR 2002 SC 1375 case held that :-
criticism which undermines the dignity of the court can't be said to be fair
criticism and therefore doesn’t fall under art 19 (1) (a).
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Criminal Contempt
• Prejudice or interference with the due course of any judicial proceeding.
• How does this interference takes place?
• What can be considered to as interference?
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Criminal Contempt
• Prejudice or interference with the due course of any judicial proceeding.
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Criminal Contempt
Examples of media trial
• Sanjay Dutt Case
• Sheena Bohra Murder Case
• Jessica Lal Murder
• The Delhi rape case
• Nitish Katara Murder Case
• Ayodhya dispute
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Criminal Contempt
• MANEESH VASHISTHA V. HIGH COURT OF PUNJAB AND HARYANA
• Makes derogatory comments on fb about the judge who passed a judgement against
him. - a hearsay evidence was allowed by the judge.
• The comment was along the lines of the judge had not uploaded the judgment as he
might not have understood what was to be written.
• The supreme court found no contempt and adds that “it is not expected of judges who
had been in the legal world for decades” ie. hearsay evidence is inadmissible
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Criminal Contempt
Defences
• Innocent publication and distribution of matter
• Fair and accurate report of judicial proceedings
• Fair criticism of judicial act
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Punishment (section 12 of the Act.)
• Section 12(1) of this Act states
• a person who is held for contempt can be punished with
• simple imprisonment and this imprisonment can extend to six months, or
• with fine which may extend to two thousand rupees or can be of both type
punishment.
• Can a punished be remitted?
• A punishment can be remitted if an satisfactory apology is provided to the court.
• A punishment cannot be excessive.
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Remedies against an order of Punishment (section 13 of the Act.)
• Cannot be punished if
• It is satisfied that the Contempt is of such a nature that it substantially interferes or
tend to substantially interfere with the due course of Justice.
• Justification of truth if it finds that the act done in the public interest.
• Apology
• What if the apology is not genuine ?
• Haridas V. Smt. Usharani, 2004 :- contemnor apology was not found to be genuine
and he was punished for contempt.
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Proceedings (section 14 and 15 of the Act.)
• Sec. 14 deals with contempt proceedings in the court of record.
• sec. 15 outside the court of record.
• The court of record
1. Can make own procedure.
2. procedure adopted must be fair and reasonable.
3. The Judge who filed the charges shouldn’t be the one to judge.
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Contempt by a Company
• When a member of the company is found guilty of contempt
• Then the person who at that time was in charge of that company will be
responsible for the conduct of the business of that company and shall be deemed to
be guilty of the contempt.
• But he is free from such liability if he was committed without his knowledge.
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Liability of officer of the company
• Committed by a company and it is provided that the contempt has been committed
with the consent of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officers of the company, then such persons shall also
be deemed to be guilty of the contempt
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Contempt by the third party to the proceeding
• If a third party has a part to play in the offence then the third party to the offence may
be guilty of contempt of court and proceeding can initiate against him.
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Criminal contempt v. Criminal Defamation.
• Perspective Publications vs. State of Maharashtra (AIR 1971 SC 221)
• “A distinction must be made between a mere libel or defamation of a Judge and what
amounts to a contempt of the Court.”
• On is against the judge and the other is against the court.
• criminal defamation can be initiated by an aggrieved person against the
accused, whereas for contempt of Court, action can be initiated suo moto by
Supreme Court or High Court, or on a motion made by the Advocate-General/
Law Officer etc.
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Limitation
Section 20 of the Contempt of Court Act, 1971 deals with the limitation for the action of
Contempt. It states that no court shall initiate any proceedings of contempt in two
conditions.
• Either the proceedings are on his own motion, or,
• After the period of one year from the date on which the contempt is alleged to
have been committed.
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