Contempt of court Flashcards
What is contempt of court?What are the 2 types of contempt?Enlist activities that are classified as criminal contempt of court?
According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.
Civil contempt means wilful disobedience of any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court.
Criminal contempt is attracted by the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which:
Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
Why is the A-G’s consent needed to initiate contempt of court proceedings?
As per the provisions of the Contempt of Courts Act, 1971: “In the case of a criminal contempt, other than a contempt referred to in Section 14 (“Procedure where contempt is in the face of the Supreme Court or a High Court”), the Supreme Court or the High Court may take action on its own motion or on a motion made by (a) the Advocate-General, or (b) any other person, with the consent in writing of the Advocate-General”.
What is the punishment for contempt of court?
simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
Constitutional provisions in this regard?
Article 129: Grants Supreme Court the power to punish for contempt of itself.
Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.
Article 215: Grants every High Court the power to punish for contempt of itself.
Is criticism allowed?
Yes. The Contempt of Courts Act, 1971, very clearly states that fair criticism of any case which has been heard and decided is not contempt.
Issues with Contempt Law in relation to Article 19?
Article 19(1)(a) of the Constitution gives the right to freedom of speech and expression to all citizens, while “contempt provisions” curb people’s freedom to speak against the court’s functioning. The law is very subjective which might be used by the judiciary arbitrarily to suppress their criticism by the public.
What is Contempt of Courts (Amendment) Act, 2006?
- to include the defence of truth under Section 13 of the original legislation.
- Section 13 that already served to restrict the powers of the court in that they were not to hold anyone in contempt unless it would substantially interfere with the due process of justice, the amendment further states that the court must permit ‘justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.’
