Contempt of Court

“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.”This definition is given by Lord
Diplock when he was giving the judgment in the case of Attorney-General v. Times Newspapers
Ltd. [1]

This term Contempt of Court can be easily understood as when we are disrespectful or
disobedience towards the court of law which means that we wilfully fail to obey the court order
or disrespect  the legal authorities. Then the judge has the right to impose sanctions such as fines
or can send the contemnor to jail for a certain period of time if he is found guilty of Contempt of
Court.

Civil Contempt
Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful disobedience to
the order, decree, direction, any judgment or writ of the Court by any person or willfully breach
of undertakings by a person given to a Court.  Since Civil Contempt deprives a party of
the benefit for which the order was made so these are the offences essential of private nature. In
other words, a person who is entitled to get the benefit of the court order, this wrong is generally
done to this person.

Criminal Contempt
According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is Defined as
(i) the publication of any matter by words, spoken or written, or by gesture, or by signs, or by
visible representation or (ii) doing of any act which includes:

1. a)  Scandalize or tends to scandalise, or lowers or tends to lower the authority of any
court, or
2. b) Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
3. c) obstructs or tends to obstruct, interfere or tend to interfere with the administration
of justice in any manner.

Contempt Proceedings
Two Sections of the Contempt of Court Act, 1971 deals with the procedure of Contempt
proceeding. One talks about the proceeding in the face of the court of records and other talks
about the proceedings other than the court of records. Section 14 of the Contempt of Court deals
with the procedure of contempt proceeding in the face of the court of record whereas  Section
15 of this Act deals with the procedure of the contempt proceeding outside the court of records.

These courts of record have got the power to punish for its contempt inherently. Therefore, these
courts of record can deal with the matter of content by making their own procedure. While
exercising the contempt jurisdiction by the courts of record the only case to be observed is that
the procedure adopted must be fair and reasonable in which the alleged contemnor should be
given full opportunity to defend himself.