CONTEMPT OF COURT

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:
I) ‘Scandalises’ the court
II) Prejudices any judicial proceedings
III) 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.