Contempt of court, Defined under the Contempt of Court Act, 1971 is showing disrespect to the authority of the court and disobeying the authority of the court. Such acts are seen to lower the dignity and authority of the court and it reduces Reputation of the court in the eyes of the Public , thus affecting public confidence in the judiciary.
So in such cases Contempt of court proceeding are initiated against the individual or the Organisation who might have disrespected or disobeyed the court.
Under Contempt of Court Act, Contempt of court is divided into civil contempt and criminal contempt.
“Civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
“Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of the other act whatsoever which.
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in the other manner;
However, “A person shall not be guilty of contempt of court for publishing any fair discuss the merits of any case which has been heard and eventually decided. —A person shall not be guilty of contempt of court for publishing any fair discuss the merits of any case which has been heard and eventually decided.”
The Contempt of Courts Act 1971 was amended in 2006 to include the defense of truth under Section 13 of the original legislation. Implying that the court must permit justification by truth as a valid defense if it is satisfied that it is in the public interest.
Constitutional Provisions:
Article 129: Grants Supreme Court the facility to punish for contempt of itself.
Article 142(2): Enables the Supreme Court to research and punish a person for its contempt.
Article 215: Grants every supreme court the facility to punish for contempt of itself. However, the expression ‘contempt of court’ has not been defined by the Constitution.
Punishment for Contempt of Court:
The Supreme Court and High Courts have the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to Rs. 2,000 or with both.
In 1991, the Supreme Court ruled that it has the power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in the entire country.
On the other hand, High Courts have been given special powers to punish contempt of subordinate courts, as per Section 10 of the Contempt of Courts Act of 1971.
