SEMESTER- VIII (B.Com LL.B.) DATE- 05.05.

2020

Contempt of Court - Meaning

 Anything that curtails or impairs the freedom of limits of
the judicial proceedings
 Any conduct that tends to bring the authority and
administration of Law into disrespect or disregard or to
interfere with or prejudice parties or their witnesses
during litigation.
 Consisting of words spoken or written which obstruct or
tend to obstruct the administration of justice
 Publishing words which tend to bring the administration
of Justice into contempt, to prejudice the fair trial of any
cause or matter which is the subject of Civil or Criminal
proceeding or in anyway to obstruct the cause of Justice.
Contempt of Court – Position Under the
Constitution
 Constitution of India -Art. 129 :Supreme Court to be a court of
record.—The Supreme Court shall be a court of record and shall have
all the powers of such a court including the power to punish for
contempt of itself.
 Art.215: High Courts to be courts of record.—Every High Court shall
be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
 Art.144:Civil and judicial authorities to act in aid of the Supreme
Court.—All authorities, civil and judicial, in the territory of India shall
act in aid of the Supreme Court.
 Art.141. Law declared by Supreme Court to be binding on all courts.—
The law declared by the Supreme Court shall be binding on all courts
within the territory of India.
Contempt of Court – Position Under the
Constitution
 142. Enforcement of decrees and orders of Supreme Court and
orders as to discovery, etc.— (1) The Supreme Court in the
exercise of its jurisdiction may pass such decree or make such
order as is necessary for doing complete justice in any cause or
matter pending before it, and any decree so passed or order so
made shall be enforceable throughout the territory of India in such
manner as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, in such
manner as the President may by order prescribe.

 Art.261. (1) Full faith and credit shall be given throughout the
territory of India to public acts, records and judicial proceedings of
the Union and of every State.
The Contempt of Courts Act,1971
 Objective: To define & limit powers of certain courts in punishing contempt of
courts & to uphold the majesty and dignity of law courts and their image in the
minds of the public is no way whittled down.

 Contempt of court " - civil contempt or criminal contempt.

 Civil contempt " - willful disobedience to any judgment, decree, direction,

order, writ or other process of a court or willful breach of an undertaking given
to a court ; [Sec. 2 (b)]

 Criminal contempt " - 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-
(i) scandalizes or tends to scandalize, 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 any other manner ; [Sec. 2 (c)]
The Contempt of Courts Act,1971-Salient
Features
 Innocent publication and distribution of matter - not
contempt (Sec.3)
 Fair and accurate report of judicial proceeding - not
contempt (Sec 4)
 Fair criticism of judicial act - not contempt(Sec.5)
 Complaint against presiding officers of subordinate
courts when not contempt- in respect of any statement
made by him in good faith (Sec.6)
 Publication of information relating to proceedings in
chambers or in camera - not contempt except in certain
cases (Sec 7 )
 Act not to imply enlargement of scope of contempt
(Sec 9.)- Due regard to Constitutional Provisions
The Contempt of Courts Act,1971

 Power of High Court to punish contempt of subordinate

courts - Every High Court shall have and exercise the
same jurisdiction, powers and authority, in accordance
with the same procedure and practice, in respect of
contempt of courts subordinate to it as it has and
exercises in respect of contempt of itself :
 Provided that no High Court shall take cognizance of a
contempt alleged to have been committed in respect of a
court subordinate to it where such contempt is an
offence punishable under the Indian Penal Code.(45 of
1860) [Sec.10]
Punishment for Contempt of Courts
* Power of High Court to try offences committed or offenders
found outside jurisdiction (Sec.11)
 Punishment for contempt of court
 (1) Save as otherwise expressly provided in this Act or in
any other law, a contempt of court may be punished with
simple imprisonment for a term which may extend to
six months, or with fine which may extend to two
thousand rupees, or with both. :
Provided that the accused may be discharged or the
punishment awarded may be remitted on apology being
made to the satisfaction of the court.
 Explanation.-An apology shall not be rejected merely on
the ground that it is qualified or conditional if the accused
makes it bona fide. [Sec.12]
Essentials of civil contempt of court

1. the making of a valid court order,

2. knowledge of the order by respondent,
3. ability of the respondent to render
compliance, and
4. willful disobedience of the order.
Limitation
period for initiating contempt proceedings

The Limitation period for actions of

contempt is a period of one year from the
date on which the contempt is alleged to
have been committed [u/S. 20 of the Act ]
Cognizance of criminal contempt in other
cases
 Cognizance of criminal contempt in other cases. –
 (1) In the case of a criminal contempt, other than a contempt
referred to in section 14, the Supreme Court or the High Court may
take action on its own motion or on a motion made by-
 (a) the Advocate-General, or
 (b) any other person, with the consent in writing of the Advocate
General
 (2) In the case of any criminal contempt of a subordinate court, the
High Court may take action on a reference made to it by the
subordinate court or on a motion made by the Advocate-General or,
in relation to a Union territory, by such Law Officer as the Central
Government may, by notification in the Official Gazette, specify in
this behalf. [Sec.15]
Procedure after cognizance

Procedure after cognizance. (1) Notice of

every proceeding under section 15 shall
be served personally on the person
charged, unless the court for reasons to
be recorded directs otherwise [Sec.17]
Procedure to decide Contempt of Court

Hearing of cases of criminal contempt

to be by Benches.
(1) Every case of criminal contempt under
section 15 shall be heard and determined
by a Bench of not less than two Judges.
[Sec 18 ]
Appeals.
Appeals.
(1) An appeal shall lie as of right from any order
or decision of High Court in the exercise of its
jurisdiction to punish for contempt-
(a) where the order or decision is that of a single
Judge, to a Bench of not less than two Judges
of the Court ;
(b) where the order or decision is that of a Bench,
to the Supreme Court : [Sec. 19]
Limitation for Appeal
An appeal under sub-section (1) shall be
filed-
(a) in the case of an appeal to a Bench of
the High Court, within thirty days ;
(b) in the case of an appeal to the
Supreme Court, within sixty days,
from the date of the order appealed
against. [Sec 19 (4) ]