LAWS RELATING TO CONTEMPT OF COURT
LAWS RELATING TO CONTEMPT OF COURT
Author : Priya Sharma
Definition of contempt of court given by Lord Diplock in the judgment of attorney-general v. Times Newspapers ltd. Is defined as “The term ‘contempt of court’ is a generic term descriptive of conduct in relation to particular proceedings in a court of law which tends to undermine that system or to inhibit citizens from availing themselves of it for the settlement of their disputes.
Contempt of court basically means disobedience towards the court of law and willful failure to obey the order of court and in this regard judge has the right to impose punishments such as fines or imprisonment for certain period of time.
In India contempt of court is discussed under section 2(a) of the contempt of court act, 1971 and it is broadly defined as civil contempt or criminal contempt.
Under constitution of India there are two articles which define contempt of court and they are article 129 and article 142(2)
Article 129 according to this article the Supreme Court of India shall be treated as court of record and it shall have all the powers as of court including the power to punish for the contempt of court.
Court of record is defined as a record of the acts and judicial proceedings kept by Supreme Court and high court by virtue of article 129 and article 215 of the Indian constitution and shall have the power to fine and imprison for the contempt of its authority. Contempt of court also includes disrespect, prejudice; impair the rights of witnesses or parties to pending litigation.
Article 142 (2) according to this if parliament make any laws related to the provisions mentioned under clause 1 of article 142, the Supreme Court has the power to secure any person’s attendance, producing of any document and also have the power to give punishment for its contempt, but accordingly Supreme Court cannot do anything which goes against the right of personal liberty of a person.
HISTORY OF THE LAW OF CONTEMPT IN INDIA:-
Sanyal committee is basically responsible for starting the amendment process in this law, as law of contempt many other laws has been brought from the English law but law of contempt is not absolutely taken from English law. In the book Arthashastra the philosopher kautilya has written that “if any person makes any type of bad attempt on the kings then the tongue of that person should be cut off.” Not only have this but he also mentioned that “if a judge threatens, or make any disputants in court then he should be punished.”
Contempt of court act, 1952 this act has repealed the existing laws from the contempt of court act, 1926 and was prevailing in the state of Rajasthan and the state of Saurashtra and also in whole of Bangladesh. This act does not give the definition of the term ‘contempt’, law of contempt dealt with in light of two fundamental rights of Indian constitution:-
- Freedom of speech and expression and,
- Right to personal liberty.
CONTEMPT OF COURTS ACT 1971:-
The act extends to the whole of India but the act shall not apply to the state of Jammu and Kashmir exception is provided under certain circumstances. Contempt of court act, 1971 provides the definition of contempt of court under section 2(a) ‘civil contempt’ and criminal contempt’.
In the case of Noorali Babul Thanewala v. K.M.M Shetty court held that the judge, magistrate or any person acting judicially can also be charged for contempt of their actions in the court, in this case it was discussed, the act provide certain limitations where the act does apply, as the act does not apply to the Nyaya Panchayat and the other courts of village.
The act repealed the old act that came into force in 1952.
ESSENTIALS OF CONTEMPT OF COURT:-
- Disobedience to the court proceedings, judgments its orders, etc and this all should be done willfully in the case of civil contempt.
- If we talk about criminal contempt the most important aspect here is ‘publication’ and this publication can either in written form or oral, signs or by visible representation.
- ‘Valid order’ should made by the court and the knowledge of this order should be given to respondent.
- The action of person working against the order of court should be deliberate and it should be clearly disregard of the court’s order.
PUNISHMENT OF CONTEMPT OF COURT:-
Section 12 of contempt of court act, 1971 mentions punishments related to contempt of court. High court and Supreme Court both have the power to punish someone for the contempt of court. As section 12(1) of the act include that a person who contempt court orders shall be punished with simple imprisonment and this can be increased to 6 months imprisonment or fine (may extend to two thousand rupees) or can be both.
If any person accused made apology in the bona fide (good faith) and the apology satisfy the court then this apology shall not be rejected on that it is conditional or qualified.
Section 13 of the act, states that contempt of court cannot be punished certain circumstances and conditions. Section13 (a) amendment in the act, 2006 states that no court shall be punished for the contempt of court unless and until it is satisfied that contempt is of such a nature that interferes with the due course of justice.
Section 13 (b) according to this section court is given the defense of justification of truth if the act is done in the public interest and the request for invoking that defense is bona fide.
