THE CONTEMPT LAW AND PRACTICE

Atish Chakraborty, B.A., LL.B. (Hons.), LL.M., Advocate

Law of Contempt
❖ The law of contempt in India is provided by the Contempt of Courts Act, 1971
which consists of 24 sections.
❖ Additionally, the Constitution of India by virtue of Article 129 empowers the
Supreme Court as a Court of Record to punish for its contempt.
❖ The Constitution of India by virtue of Article 215 also empowers the High Courts
to act as a Court of Record to punish for its contempt.
❖ Section 2(a) of the Contempt of Courts Act, 1971 defines the term ‘contempt’ as
anything that curtails or impairs the freedom of or limits of judicial proceedings
thereby resulting in hampering of administration of law and also interferes in due
course of justice.
 Kinds of Contempt
❖ The Contempt of Courts Act, 1971 recognises two kinds of contempt-
(a) Civil Contempt [ Section 2(b)]
❏ A civil contempt refers to a wilful disobedience of any judgement, decree, order,
writ or any other process of the court or wilful breach of undertaking given to a
court. The most essential ingredient for an action to be regarded as contempt is
that the action is ‘wilful’.
❏ The term ‘wilful’ has been defined by the Black’s Law Dictionary as an act done
voluntarily and intentionally with a malicious/mala fide intent.
❏ The term ‘wilful breach of undertaking’ means a breach of promise made by one
party or its counsel in the course of a legal proceeding and is not honoured.
❏ The standard of proof to bring an action of civil contempt is same as that of a
criminal proceeding.
Kinds of Contempt (Contd.)
(b) Criminal Contempt [ Section 2(c)]

❏ A criminal contempt is said to be committed wherein the publication whether by words spoken
or written or by sign or by visible representation or otherwise or any other matter or the doing of
any other act which-

(i) scandalises or tends to scandalise or lowers or tends to lower the authority of any court;

(ii) prejudices or interferes with or obstructs or tends to obstruct the administration of justice;

(iii) prejudices or interferes or tends to interfere with the due course of any judicial proceedings.
Exceptions to Law of Contempt [Section 3-9]
❏ When innocent publication is done, it does not amount to contempt. [Section 3]
❏ When judicial proceedings are reported fairly and accurately, it does not amount to contempt.
[Section 4]- Open Court/Open Justice Principle
❏ Fair Criticism in case of judicial proceedings does not amount to contempt. [Section 5]
❏ Complaint made against a presiding officer of the subordinate court made in good faith does not
amount to contempt. [Section 6]
❏ A person shall not be guilty of contempt if there is fair and accurate reporting of judicial
proceedings in camera and in chamber, subject to certain exceptions like where publication is
contrary to the provision of any enactment or is opposed to public policy or opposed to public
order or state security or in connection to the information relating to secret process, discovery or
an invention. Further, if publication is done of any text or summary of any such proceeding so
long as it is fair and accurate, it shall not be regarded as contempt. [Section 7]
❏ Other Defences [Section 8]
❏ Act not to enlarge the scope of contempt [Section 9]
Power of High Court to punish contempt of Subordinate Courts
❏ Section 10 of the Contempt of Courts Act, 1971 empowers the High Court to
punish for its contempt or for contempt of a subordinate court.
❏ This section can be said to emanate from the power of superintendence that is
vested upon it by the Indian Constitution.
❏ This ensures that the High Court of a state is empowered to punish for contempt.
However, the section clearly bars the High Court from taking cognizance of a
contempt which is alleged to have been committed in respect of a subordinate
court where the nature of contempt is such that it is punishable as an offence
under the Indian Penal Code.
High Court’s Power to try Contempt even outside its jurisdiction
❏ Section 11 of the Contempt of Courts Act, 1971 empowers the High Court to
exercise its jurisdiction to inquire into or try for a contempt of itself or of any
court subordinate to it.
❏ Such contempt can be alleged to be committed within or outside the local limit of
the jurisdiction of the said High Court and whether the person alleged to be
guilty of contempt is within or outside such limits.
Punishment for Contempt of Court [Section 12]
❏ This provision provides for the different punishments prescribed by the act to punish for contempt.
❏ Section 12(1) provides that for an act of contempt, the punishment can be a simple imprisonment for 6
months and a fine of upto INR 2000 or more or both. However, the proviso allows waiver of the
punishment if the contemnor tenders an apology to the court and the court is satisfied with the same.
However, a court cannot reject such apology merely because it is conditional.
❏ Section 12(2) expressly prohibits that any punishment for contempt shall not exceed what is prescribed
under Section 12(1).
❏ Section 12(3) allows the court to extend the punishment as prescribed by Section 12(1) by 6 months of
detention in civil prisons.
❏ Section 12(4) provides that if a company has given an undertaking to the Court and if it is disobeyed, then
all persons who at the time of commission of contempt either as an in-charge or was responsible for
conduct of business shall be deemed guilty of contempt and each person with leave of the court be
detained in civil prison.
❏ Section 12(5) provides that where a company’s director, manager, secretary or other officer is aware of the
commission of contempt or have acted in connivance or due to their negligence. Then such director,
manager , secretary may be detained in civil prison.
Where Contempt is not punishable?
❏ The Contempt of Courts Act,1971 under Section 13 provides certain situations
wherein contempt is not punishable.
❏ Firstly, a contempt may not be punishable unless proven beyond reasonable doubt
that the act is of such a nature that it substantially interferes or it tends to
substantially interfere with the due course of justice.
❏ Secondly, if the alleged contemnor is able to justify the action by truth and is able
to show upholding of public interest in the said action or is made for a bona fide
cause.
Contempt of the Supreme Court or High Court: Procedure [Sec. 14]
❏ It provides the procedure to deal with contempt, when it is caused on the face of the Supreme Court or
the High Court.
❏ Firstly, if in the course of hearing, or in the presence of a judge of the Supreme Court or the High Court, a
person is found guilty of contempt, the court shall detain such person and at any time before rising,
inform in writing the details as to the contempt he is charged with and afford him an opportunity to
present his defence. After taking defence, evidence shall be collected, and once the matter is determined
an order as to punishment or discharge shall be made.
❏ Secondly, if a contempt occurs before a particular bench, the same can be heard by any other court or can
be placed before the Chief Justice for his directions.
❏ Thirdly, if the matter is being heard by a different bench, the bench before whom the contempt occurred
need not appear as witness but the statements made before the Chief Justice shall be regarded as adequate
evidence.
❏ Fourthly, during the course of determination of charge, the court may direct the contemnor to be detained
in custody as may be specified.
❏ During the course of the proceeding, the alleged contemnor can be released on bail in exchange of a bond
of a value as the court deems fit with or without sureties.
Cognizance of Criminal Contempt in other cases [Section 15]
❏ In a case of criminal contempt, other than a contempt under Section 14, the
Supreme Court or the High Court is empowered to take action for contempt
either on its own motion or on a motion made by the Advocate General or any
other person with the consent of the Advocate General.
❏ In case of a criminal contempt in a subordinate court, the High Court may take
action on reference by the subordinate court or a motion made by the Advocate
General or law officer in case of an Union Territory.
❏ Every motion for initiation of contempt, should set out the charge specifically
being levelled against the alleged contemnor.
Contempt by Judge, Magistrate or other person acting judicially
❏ Section 16 of the Contempt of Courts Act, 1971 provides that a Judge, Magistrate
or other person while discharging his power judicially, can be made liable for
contempt of his own court or any other court in the same manner as that of an
individual.
❏ However, this Section does not apply to a remark or observation made by a judge,
magistrate or such other person while acting judicially regarding a subordinate
court in an appeal or revision or regarding the judgement rendered by such
subordinate court.
Procedure after Cognizance [Section 17]
❏ All proceedings initiated under Section 15 does not require does not require service to be
done on the contemnor unless the court for certain reasons directs to do so.
❏ A notice under this Section should be accompanied by a copy of the affidavit as well as
the notice in case of a motion and in case of a reference, a copy of the reference should
be attached with the notice.
❏ If the court is of the opinion, that the person may abscond, then in such cases, the Court
may direct for attachment of his property.
❏ If after attachment, the person appears and is able to convince the court that he was not
absconding, then the attached property shall be released on the terms and conditions
which the court deems fit.
❏ Any person charged under Section 15 shall file an affidavit in defence and the Court may
basis such submissions, collect necessary evidence determine the matter and pass such
orders as it deems fit.
Constitution of Benches for hearing of Criminal Contempt [Sec.18]
❏ A case of criminal contempt under Section 15 should be heard and determined by
a bench of not less than 2 judges.
❏ This section however does not apply to the court of a Judicial Commissioner.
Appeals [Section 19]
❏ This Section provides that an appeal lies as a matter of right from any order or decision of the
High Court in exercise of its jurisdiction to punish for contempt where the order or decision is
that of a Single Judge to a Bench of note less than two Judges of the Court and where the order
or decision is that of Bench, to the Supreme Court. However, it is provided that where the
decision is given by the Court of the Judicial Commissioner in any Union Territory, the appeal
shall lie before the Supreme Court.
❏ During the pendency of any appeal, the Appellate Court may order that the execution of the
punishment or order appealed against be suspended or if the applicant is in confinement, he is
released on bail or the appeal be heard irrespective of whether he has purged his contempt or
not.
❏ In the event that a person is aggrieved by any order against which an appeal may be filed,
satisfies the High Court that he intends to prefer an appeal, the High Court may exercise all or
any of the powers that is conferred to it under Section 19(2).
❏ An appeal can be filed to a bench of the High Court within 30 days and to the Supreme Court
within 60 days from the date of the order.
Limitations for actions for contempt [Section 20]
❏ The maximum period within which an action for contempt can be initiated by a
court either on its own motion or otherwise is one year from when the contempt
is alleged to have been committed.
Does the Contempt of Courts Act apply to Nyaya Panchayats?
❏ Section 21 of the Act provides that the Contempt of Courts Act, 1971 does not
apply to contempt of Nyaya Panchayats or other village courts, by whatever name
known, for the administration of justice, established under any law.
❏ The reason for it is because such bodies function based on customary practices
which can not be adjudicated by such laws and they tend to differ from once
village to the other.
Miscellaneous [Section 22-24]
❏ Section 22 provides that the Contempt of Courts Act, 1971 shall be in addition to
and not in derogation of the provisions of any other law relating to contempt of
courts.
❏ Section 23 empowers the Supreme Court and the High Court to frame rules in
consonance of the Act for any procedural matters relating to contempt.
❏ Section 24 provides that the enactment of the Contempt of Courts Act, 1971
repeals the Contempt of Courts Act, 1952.