Contempt

From Justice Definitions Project

Contempt, also referred to as “contempt of court” is a court proceeding involving behaviour that disrespects or obstructs the functioning of the court or undermines the authority of the judicial system. This is done to protect the authority and dignity of the court..

As per Section 2 (a) of The contempt of court act,1971 "contempt of court" means civil contempt or criminal contempt.

Legal provision

Constitutional

 In Pallav Sheth v. Custodian & Ors.[1], it was laid down that the powers of punishment for contempt under Article 129 of the Constitution of India have to be exercised in consonance with the Contempt of Courts Act, 1971

Supreme Court

Article 129 of The Constitution of India grants the Supreme Court status of “court of record” and empowers to punish for its contempt. Article 142  categorically gives power to punish for its contempt.

High Courts

Article 215 [2]of  The constitution of India grants the High  Court status of “court of record” and empower to punish for its contempt. Article 142[3]  grants power to punish for its contempt.

District and subordinate courts

Section 10 , The contempt of Court Act 1971 empower region's High Court with the authority to punish for the contempt of its subordinate courts[4].

The Contempt of Court Act, 1971

Defence

A fair criticism of court on the merits of the case decided is  not a contempt[5]

Role of advocate general

Initiation of contempt case[6]-

a)  the case of a criminal contempt ,Supreme court and High court can  take action on its own motion .

b)  on Motion of Advocate general of India

c)  On motion made by any other person by taking  written consent of the Advocate General .

Limitation Period

A proceeding for the contempt of court can only be initiated within time period of one year from the date of alleged act of contempt is committed[7].

Punishment

Simple imprisonment for a term which may extend to six months, or with a fine which may extend to two thousand rupees, or with both[8].

Indian Penal Code , 1860 and Bharatiya Nyay Sanhita,2023

Chapter X of Indian Penal Code,1860 and Chapter XIII of Bhartiya Nyay Sanhita,2023   lays  down provision for the contempt of lawful  authority of Public Servant.

Indian Penal Code,1860 Bharatiya Nyay Sanhita,2023
Section 172  Absconding to avoid service of summons of other proceeding. Section 204 Absconding to avoid service of summons or other proceeding
Section 173 Preventing service of summons or other proceeding, or preventing publication thereof. Section 205. Preventing service of summons or other proceeding, or preventing publication thereof.
Section 174 Non-attendance in obedience to an order from public servant. Section 206. Non-attendance in obedience to an order from public servant.
Section 174A Non-appearance in response to a proclamation under section 82 of Act 2 of 1974 Section 207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023.
Section 182 False information, with intent to cause public servant to use his lawful power to the injury of another person. Section 215 False information, with intent to cause public servant to use his lawful power to the injury of another person.
Section 186 Obstructing public servant in discharge of public functions. Section 219 Obstructing public servant in discharge of public functions
Section 191 Giving false evidence Section 225 Giving false evidence.
Section 192 Fabricating false evidence Section 226 Fabricating false evidence.
Section 195A Threatening any person to give false evidence Section 230 Threatening any person to give false evidence.

Rules by high courts

In exercise of their powers conferred on the high courts under Articles 215 and 225, Constitution of India , Section 23 of the Contempt of Courts act,1971, The High court have made rules for contempt within their jurisdiction -Madras , Bombay , Allahabad , Punjab & Haryana etc.

Official government reports

  1. Constitution assembly debates on addition of contempt of court to free speech limitations. Drafting Committee member T.T. Krishnamachari proposed to add contempt of court as a restriction on freedom of speech in the Draft Constitution[9].
  2. In Feb 2021 Dravida Munnetra Kazhagam MP D Ravikumar  moved Private Member Bill in the Lok Sabha to curtail the contempt powers of the Supreme Court and the High Courts.
  3. Standing commmitee Report on Contempt under The Armed Forces Tribunal (Amendment) Bill, 2012.
  4. Law Commission of India’s in its report no 274  “Review of the Contempt of Courts Act,1971” . Examines the Issue arising of constitutional provision , legal provision and Judicial Pronouncement. PRS India have written a summarised report on the Review of contempt of courts. The report considered narrowing contempt to just civil contempt[10].

Types of Contempt under Indian Law

Civil Contempt

Section 2(b) of The contempt of court act,1971 defines civil contempt as intentionally disobeying rules, judgement ,  direction of court. Civil contempt is only applicable when court’s specific order or opinion has violated or overlooked.

Criminal Contempt

As per Section 2 (c) of the Contempt of Court act,1971 criminal contempt includes publication (Include spoken words, gesture ) which scandalise, interfere or obstruct the working of a court. Criminal contempt safeguards the court's authority, It ensures the public's trust in the justice system. When accusations of corruption or bias taint the judiciary, people lose faith. This weakens the rule of law, which relies on a respected court system

Official Databases

National Judicial Data Grid

“National Judicial Data Grid (NJDG) is a database of orders, judgments and case details of 18,735 District & Subordinate Courts and High Courts created as an online platform under the eCourts Project. Data is updated on a near real-time basis by the connected District and Taluka courts”[11]

a) Supreme Court
Source : https://njdg.ecourts.gov.in/scnjdg/[12]
b) High Courts

i) Data for all high courts

Number of contempt cases pending before all the High Courts of India [13]

ii) High Court

Number of contempt cases pending before Bombay High Court[14]

Case types

a) Supreme Court

Case category for contempt at Supreme court of India[15]

i) Contempt Petition (Civil) – A petition under Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Section 2(b) of the Contempt of Courts Act, 1971, and Articles 129 and 142(2) of the Constitution shall be registered as a Contempt Petition (Civil)[16].

ii)Contempt Petition (Criminal) – A petition under Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Section 2(c) of the Contempt of Courts Act, 1971, and Articles 129 and 142(2) of the Constitution shall be registered as a Contempt Petition (Criminal)[17].

b) High Courts

Case types for contempt at High court of Jharkhand[18]



Research that engages with Contempt

  1. Part III - Action Research & Resource Center[19]  research report “The Judicial power of Contempt: Upholding Authority or Restricting Speech?” analyse the jurisprudence of Contempt in India. The report dives into criminal contempt law in India. Part A explains what actions are illegal and explores alternatives. Part B examines court rulings on contempt, analyzing consistency and free speech concerns. Part C evaluates if the law is clear, fair, and avoids stifling free speech by looking at past cases and questioning underlying principles[20].

References

  1. ↑ Pallav Sheth v. Custodian & Ors., (2001) 7 SCC 549
  2. ↑ Constitution of India. (2023a, January 28). Article 215: High Courts to be courts of record - Constitution of India. https://www.constitutionofindia.net/articles/article-215-high-courts-to-be-courts-of-record/
  3. ↑ https://indiankanoon.org/doc/500307/
  4. ↑ The contempt of courts Act,1971. https://www.indiacode.nic.in/handle/123456789/1514
  5. ↑ Secction 4, Contempt of Courts Act 1971, https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_3_3_00005_197170_1517807319029&sectionId=21658&sectionno=5&orderno=5&orgactid=AC_CEN_3_3_00005_197170_1517807319029
  6. ↑ Section 15, The contempt of court act,1971 https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_3_3_00005_197170_1517807319029&sectionId=21668&sectionno=15&orderno=15&orgactid=AC_CEN_3_3_00005_197170_1517807319029
  7. ↑ Section 20, Court of Contempt Act 1971 https://www.indiacode.nic.in/handle/123456789/1514
  8. ↑ section 12, Contempt of Courts Act, 1971. (1971, December 24). https://www.indiacode.nic.in/handle/123456789/1514?sam_handle=123456789/1362
  9. ↑ Constitution of India. (2023, February 28). This month in Constitution Making (October, 1949): Constituent Assembly adds contempt of court to free speech limitations - Constitution of India. https://www.constitutionofindia.net/blog/this-month-in-constitution-making-october-1949-constituent-assembly-adds-contempt-of-court-to-free-speech-limitations/#:~:text=On%2017%20October%201949%2C%20Drafting,speech%20provisions%20a%20year%20before.
  10. ↑ Committee reports. (n.d.). PRS Legislative Research. https://prsindia.org/policy/report-summaries/review-contempt-courts-act-1971
  11. ↑ https://doj.gov.in/the-national-judicial-data-grid-njdg/#:~:text=National%20Judicial%20Data%20Grid%20(NJDG)%20is%20a%20database%20of%20orders,connected%20District%20and%20Taluka%20courts.
  12. ↑ https://njdg.ecourts.gov.in/scnjdg/
  13. ↑ https://njdg.ecourts.gov.in/hcnjdgnew/?p=main/pend_dashboard&state_code=#
  14. ↑ https://njdg.ecourts.gov.in/hcnjdgnew/?p=main/pend_dashboard&state_code=27~1
  15. ↑ https://main.sci.gov.in/case-category
  16. ↑ Handbook on practice and procedure and office procedure, Supreme Court of India, https://main.sci.gov.in/pdf/LU/ppop2017.pdf
  17. ↑ Handbook on practice and procedure and office procedure, Supreme Court of India, https://main.sci.gov.in/pdf/LU/ppop2017.pdf
  18. ↑ https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/s_kiosk_order.php?state_cd=7&dist_cd=1&court_code=1&stateNm=Jharkhand
  19. ↑ https://part-three.org/
  20. ↑ PART III. (2023, December 21). The Judicial Power of Contempt: Upholding authority or restricting speech? - PART III. https://part-three.org/the-judicial-power-of-contempt/#:~:text=Part%20III%20Samvidhaan%20Series%20Volume,working%20of%20a%20judicial%20system
Retrieved from "https://jdc-definitions.wikibase.wiki/w/index.php?title=Contempt&oldid=2064"
Cookies help us deliver our services. By using our services, you agree to our use of cookies.