CONTEMPT OF COURT

Author : Sakshi Kothari (Amity University, Gwalior)

Historical Background of Courts

Firstly, the society was formed with the  first ancestors not for the development purpose but to bring peace among the individuals. The conflicts were resolved within the parties under the bench of King. But later on ,the society started to be expanded then the conflicts or disputes became difficult to be resolved. So, the king started appointed peoples to perform his duties followed by the basic guidelines but still right retained by King itself.

Hence, the formation of court took place and also  sanction for the enforcement of court orders and keeping the confidential information even hearing the cases in camera or private rooms.

INTRODUCTION

“CONTEMPT” means an offence showing disrespect to the dignity or authority of the court.

‘CONTEMPT OF COURT’ as per the Section 2(a) of The Contempt of Courts Act,1971 defines the forms civil contempt and Criminal contempt. But the phrase ‘CONTEMPT OF COURT’, defines the interruption in the proceeding of the court room, fail to  presenting the evidence and wilful disobedience to the rules, orders or process of court disregard to the  administration of justice.

Civil Contempt

As per the Section 2(b) of The Contempt of Courts Act,1971, defines wilful disobedience to any judgment, decree, order, direction, writ or other process of a court or wilful breach of an undertaking given to a court. Civil Contempt is sometimes considered to be constructive or consequential contempt because it disobeys the authority of a court in a civil proceeding. Civil Contempt can result in punishment including jail time or fine when failure to satisfy with court order. This contempt is not guaranteed by the jury trial. The degree of proof is required lesser than the criminal contempt. Mens Rea is a crucial part of civil contempt.

Criminal Contempt

As per the section 2(c) of The Contempt of Courts Act,1971 , defines any publication (whether words(spoken or written)or signs or visible representative or any otherwise ) of any matter or the doing of any other act whatsoever which are:

1. ‘Scandalises’ the court
2. Prejudices any judicial proceedings
3. Interferes with the administration of justice in any other manner.

In this Contempt the witness insults the judge during the court trial then the court has inherent power to punish to all for the contempt of court orders.

This Contempt has the provision for specific sentence for jail or fine and for old age contemnors the judge can reduce the period of imprisonment due to condolence. Superior courts continue to contempt the powers under the Constitution which will lead to ambiguity which provide clarity. The cases seems to be serious in this contempt. Mens Rea is not crucial in criminal Contempt.

 Purpose and Object of law of contempt

The purpose of law of contempt is to keep the administration of justice pure and undefiled.

The object of  contempt proceedings  is to economical use of jurisdiction is prudent and law must be used in the name of public interest and public justice.

 Exceptions to contempt

As per the Section 3 , 4 ,5,7 of The Contempt of Courts Act,1971 are the exceptions to contempt.

‘Section 3 states that Innocent Publication and distribution of matter not contempt’

(a)The publication may be by words(spoken or written), signs ,visible representative or otherwise.   If a person had no reasonable grounds for believing that the proceedings was pending in a court .

“Section 4 states that Fair and accurate report of judicial proceeding not contempt”

A person publishing a fair and accurate report of judicial proceedings cannot be held guilty.

‘Section 5 states that Fair criticism of judicial act no contempt’

Fair criticism of judicial act on the merits of any case heard and finally decided .

‘Section 7 states that Publication of information relating to proceedings chamber or in camera not contempt except in certain cases’

Fair comments, even if outspoken but made without any malice or attempting to impair the administration of justice and made in good faith and in proper language do not attract any punishment for contempt. Judgments are open to criticism that must be done without casting aspersions on the judge and the courts and without adverse comments amounting scandalising the courts and criticism of judiciary should be constructive and not destructive.

 Defences to Contempt

As per the Contempt of court (amendments) act,2006 ,Section 13 (a) &(b) states that if it is done substantially interferes with the due course of justice and  justification by truth is a valid defence, if it is in the public interest and interest of invoking the said defence is bonafide. 

As per the case ‘RK Anand V. Registrar Delhi High Court ‘,the criminal trial in case of reckless driving by Sanjeev Nanda a young person of a very wealthy business  family which crashed to death of 6 persons in Delhi. Delhi High Court suo motu ‘on its own motion’ initiated the proceeding for criminal contempt and issue notice to RK Anand . RK Anand filed a petition requesting to presiding judge to rescue himself from the proceeding. The high Court held that Anand is guilty of the charges framed against him. As the law laid down , the high court had forfeited their right and imposing fine. Power of control should also be exercised to protect them from the external interferences and may sometime over powering to them and support them to discharge their  fearlessly.  Criminal justice system should  be insulated from the external influences aimed to subvert trials.

Conclusion

The law of contempt of court has to  balance the freedom of right to speech and expression granted to the citizens of India as well as provisions of the judicial system. The postponement order is not punitive but preventive measures. The postponement order is neutralizing devices evolved by the court to balance the equal weightage of freedom of speech and freedom of trial in the context of contempt of law. Substantial risk of prejudice to the proper administration of justice or to the fairness trial and within the parameters necessity and proportionality.