Contempt of Court, Meaning, Types, Punishment, Relevance

Contempt of Court refers to actions that disrespect or disobey a court's authority, undermining its dignity and functionality. It can manifest as either direct contempt, occurring in the presence of the court, or indirect contempt, involving disobedience to court orders outside the courtroom.

In India, the Contempt of Courts Act of 1971 defines and regulates contempt, categorising it into civil and criminal contempt. This legislation aims to uphold the rule of law and ensure the judiciary's independence, allowing courts to impose penalties for acts that obstruct justice or disregard court orders.

What is Contempt of court?

In the Indian Judiciary, Contempt refers to the offence of showing disrespect to the dignity or authority of a court. Contempt of court is any behaviour or wrongdoing that conflicts with or challenges the authority, integrity, and superiority of the court. It may include failure to comply with requests, witness tampering, withdrawing evidence, or defying court orders. The Contempt of Courts Act 1971 was established following the recommendations of the H.N. Sanyal Committee.

Contempt of Court Types

The Contempt of Courts Act 1971 categorises contempt into two types: Civil Contempt, which involves the willful disobedience of court orders, and Criminal Contempt, which includes actions that undermine the authority or dignity of the court.

• Civil Contempt: Section 2(b) of Contempt of Court Act 1971 defines civil contempt as 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: Section 2(c) of the Contempt of Court Act 1971defines criminal contempt as 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:
  • scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or 
  • prejudices, or interferes or tends to interfere with the due course of any judicial proceeding; or 
  • interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

Contempt of Court Punishment

A person found guilty of contempt of court can be sentenced to simple imprisonment for up to six months or fined up to two thousand rupees, or both. However, if the individual offers an apology that satisfies the court, the punishment may be waived, or the person may be released.

• Power of High Court to punish contempt of subordinate courts: Every High Court shall have the power to punish contempt of subordinate courts.
• In the case of criminal contempt, the Supreme Court or the High Court may take action on its motion or a motion made by the Advocate-General or any other person, with the consent in writing of the Advocate-General. 
• Amendment to Contempt of Courts Act 1971: The 2006 amendment to the Contempt of Courts Act 1971 specifies that the court can impose a penalty for contempt only if it determines that the act significantly disrupts or is likely to disrupt the proper administration of justice significantly.

Contempt of Court Constitutional Provisions

The Indian Constitution grants courts the authority to punish for contempt to uphold judicial integrity. Under Article 129, the Supreme Court, as a court of record, has the power to punish for its own contempt. Article 142(2) allows the Supreme Court to make orders ensuring attendance, document production, or punishment for contempt. Similarly, Article 215 provides High Courts, as courts of record, with the authority to punish for contempt.

Contempt of Court Relevance in Contemporary Times

Contempt of court remains relevant as it ensures respect for judicial institutions and processes. It acts as a deterrent against actions that could undermine public confidence in the judiciary. The Law Commission of India has highlighted the following reasons for the relevance of the Contempt of Courts Act 1971.

• Media Trials: Criticizing ongoing cases or judges can result in criminal contempt charges. Sensational media coverage of high-profile cases may affect trials, highlighting the need to balance free speech with judicial respect.
• High Number of Contempt Cases: There are a high number of civil (96,993) and criminal (583) contempt cases pending in various High Courts and the Supreme Court. The Law Commission observed that the high number of cases justifies the continuing relevance of the Act. 
• Constitutional Power: The superior courts (Supreme Court and High Courts) derive their contempt powers from the Constitution. The Act only outlines the procedure for investigating and punishing contempt. 
• Impact on Subordinate Courts: The Constitution allows superior courts to punish for their contempt. The Act additionally allows the High Court to punish for contempt of subordinate courts. Thisact empowered subordinate courts to address cases of their contempt.

Contempt of Court Criticisms

Contempt of court criticism encompasses legal and social concerns, including potential violations of free speech, due process issues, judicial abuse of power, lack of clarity in legislation, and the impact on media freedom.

• Violation of Fundamental Rights: Some argue that the power to punish for contempt of court can be used to stifle free speech and suppress dissent. Critics argue that the law is too vague and can be used to punish criticism of the judiciary, even if it is fair and well-founded.
• Fair and Due Process: The power to punish for contempt of court is subject to certain conditions, including the requirement for due process and the right to a fair trial. However, there are concerns that these conditions may not always be met in practice, leading to arbitrary and unjust punishments.
• Abuse of Power: There are concerns that the judiciary may misuse the power to punish for contempt of court to silence dissent and criticism.
• Lack of Clarity: The Contempt of Courts Act 1971 is often criticised for being too broad and lacking clarity. 
• Impact on Media Freedom: The use of contempt of court to punish media organisations and journalists for reporting on court proceedings has been criticised as a violation of press freedom.

Contempt of Court-Related Judgements

The following landmark judgments highlight the balance courts maintain between upholding their authority and protecting the principles of justice, emphasising the need for careful exercise of contempt powers in various contexts.

• Baradakanta Mishra vs. Registrar of Orissa High Court (1973): The Supreme Court held that the power to punish for contempt of court is a necessary power to maintain the rule of law and preserve the dignity and authority of the courts.
• P.N. Duda vs P. Shiv Shanker (1988): In this case, the judgment came that the power to punish for contempt of court should be exercised sparingly and only in cases where there is a real and present danger to the administration of justice.
• Prashant Bhushan and another (2020): The Supreme Court held his tweets could have undermined the dignity and authority of the Supreme Court in general and the CJI's office in particular. The court held Prashant Bhushan guilty of criminal contempt. 
• Vijay Kurle and others(2020): The Court observed that letters sent by him showcased highly scandalous and scurrilous accusations against the judges. 
  • The Court further stated that to comment or criticise the court's judgment, individuals must have the knowledge to challenge a judge's integrity and authority. 

Contempt of Court Way Forward

To address concerns about contempt laws, there is a need for clearer definitions and guidelines on what constitutes contempt. Balancing judicial authority with freedom of expression is crucial. Judicial reforms could focus on transparency and accountability while ensuring respect for the judiciary's role in upholding justice.

• Balancing Expression with Judiciary Respect: While it is essential to respect the authority of the court, it is equally important to protect the right to free speech. Individuals should not be punished for expressing their opinions or criticising the court system legitimately.
• Clear Rules: Clear and well-defined rules regarding contempt of court should be established to prevent arbitrary and inconsistent application of the law.
• Spreading Awareness: Education and awareness campaigns can be conducted to inform the public about the court system's importance and the consequences of contempt for the court.
• Fair and Impartial Proceedings: Contempt of court proceedings should be conducted fairly and impartially, giving the accused the opportunity to present their cases and ensuring that the punishment is proportionate to the offence.
• Prevent Abuse of Power: The power to punish for contempt of court should be exercised with caution to prevent abuse of power. 

Contempt of Court UPSC PYQs

Question 1: Consider the following statements: (UPSC Prelims 2022)

1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
3. The Constitution of India defines Civil Contempt and Criminal Contempt.
4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1, 2 and 4 only

(c) 3 and 4 only

(d) 3 only

Ans: (b)

Contempt of Court FAQs

Q1. What is the time limit for contempt of court?

Ans. The time limit for initiating contempt proceedings is one year from the date on which the contempt is alleged to have been committed.

Q2. Is contempt of court bailable?

Ans. Contempt of court can be bailable or non-bailable, depending on the court's discretion. The court may issue bailable warrants in some cases.

Q3. What is Section 7 of the contempt of court Act?

Ans. Section 7 of the Contempt of Courts Act deals with the punishment for contempt of court.

Q4. What are the remedies for contempt of court?

Ans. Remedies for contempt include fines, imprisonment up to 6 months, or both. The court may also order apologies or discharge the accused on apology.

Q5. What are the conditions for contempt of court?

Ans. Conditions for contempt include willful disobedience of court orders, scandalising the court, or interfering with the administration of justice.