Contempt of Court : MPSC Study Notes

Contempt of Court

Contempt of Court is a very old concept, and it is a common law principle observed in England to protect the judicial power of the king. Later, it was exercised by the panel of judges against those who found violating the orders. Gradually, over time, any kind of disobedience to judges, or obstruction of the implementation of their directives showed disrespect and considered punishable.

Contempt of Court in India

• There was existence of contempt of court concept in India. Besides, the High Courts, some Princely states also observed and practiced contempt of court.
• After the adoption of Indian Constitution, contempt of court was made one of the restrictions on freedom of speech and expression.
• Article 129 of the Indian Constitution conferred on the Supreme Court the power to punish under this.
• Like wise, Article 215 conferred a corresponding power on the High Courts.
• The Contempt of Court Act, 1971 gives statutory backing to the concept.

What is contempt of court?

As per the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.

1. Civil Contempt: Willful disobedience of any judgements, directions, decree, order, writ or any other process of a court.
2. Criminal Contempt: it is attracted by the publication whereby words- spoken or written, or signs-visible or representations or otherwise of any matter that

• 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.

Punishment under the contempt of Court

• Simple imprisonment for a term up to six months
• Or a fine up to Rs 2000

What does not come under the contempt of court?

• Fair and accurate reporting of judicial proceedings will not amount to contempt of court
• Nor any criticism on the merits of a judicial order after a case is heard and disposed of.

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