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Contempt Of Courts | By Devansh Sharma

The act of being disrespectful towards or disobedient to a court of law is known as contempt of court. Being noncompliant or discourteous to the legal authorities in courtroom or to be unsuccessful to comply with any court order willfully, may amount to contempt of court. In proceedings of such wrong act the judge may enforce sanction such as jail or fine for somebody who is guilty of contempt of court.
Contempt of court can be defined as an act that curtails or impairs the freedom of limits of judicial proceeding which are necessary for fair trails and which the administration of law and obstruct the due course of justice. Contempt simply implies to any act that obstruct or tries to interfere with the judicial proceedings of the court or willful abstaining from complying to a court decree or order. Imposition for such offences can be in the form of fine or jail.
The CONTEMPT OF COURT ACT 1971, in its section 2(a) defines the concept of contempt of court and broadly classifies contempt as civil and criminal contempt. The constitution of India also provides for contempt of court in article 129 and article 142(2) for Supreme Court and high court respectively.

1.0 : ORIGIN AND HISTORY OF CONTEMPT OF COURT IN INDIA

1.1 : The Origin 

The legal system of India has evolved itself starting from the early vedics to the present modern legal system. The theory of contempt of court attempts to administer the just delivery of justice to all and to guard the dignity or authority of courts. Origin of this law can be traced back to the medieval times, the times when monarch was believed to be appointed by god and the royal power when transferred from the monarch to the court, made everyone accountable to the court. The same power is now enjoyed by the courts under article 129 and article 142 of the Indian constitution. In early English times the courts represented the judicial powers of the king. If anyone (even if the king) questions or disregards the court, then it becomes a contest to the supremacy of the monarch and his wisdom. This practiced of unquestionable power later evolved to become law of contempt of court.

1.2 : The History 

The law of contempt like other laws has been brought from English laws and statutes. But the complete law isn’t English law derivative. Indigenous development of this law can be found to originate during the age old system which our country had for protecting its courts and assemblies (Sabha) in the past. The great theorist Kautilya (also known as Chanakya) explains the structure of governance of that era in his book “ARTHASASTRA”. He wrote that “one who exposes the crown or insults his council or makes any bad attempt on the king, the tongue of such a person should be cut off”. He further said that “when a judge threatens, bully or make silence to any of the disputants in the court then he should be punished”.
Until 1952, India did not have any legislative provision for the contempt of court. There was only the law of contempt of court act 1926, which only extended to the state of Rajasthan, Saurashtra and the entire Bangladesh. After the inception of contempt of court act 1952, the statutory provisions for the contempt of court were established, this extended over complete India, except for Jammu and Kashmir. This act gave power to high court to punish for the contempt of the lower courts. Though these acts were introduced before 1971, these did not have definition of the term contempt and also had a lot of ambiguity. Later, in the year 1963, the H.N.SANYAL Committee submitted its report to the legislative regarding changes in the existing contempt of court laws which took the form of the contempt of court act 1971. This act divided the contempt of court into civil contempt and criminal contempt with their respective definition.

2.0 : THE CONTEMPT OF COURT ACT 1971 

Let’s take a quick look at some of the key features of the CONTEMPT OF COURT ACT 1971.
1.This act extends to the entire of India excluding Jammu and Kashmir but it can in certain conditions be applicable if the matter is connected to the contempt of Supreme Court of India.
2. This act provides for the definition of contempt of court under section 2(a) which defines contempt of court as civil and criminal contempt.
3. Act also mentions about certain defences the offence of contempt of court. And deliver power to high courts to give judgment on matters outside its jurisdiction.
4. Penalty of the offence is also provided in this act beside the provisions for what forms of misconducts do not amount to contempt of court and how to deal with such contempt. The judges and the Magistrates, who while acting judicially, can be apprehended for contempt for their actions.
5. The act also specifies certain limitations of its own, where it does not apply.

3.0 : TYPES OF CONTEMPT OF COURT AND THEIR DEFENCES 

CONTEMPT OF COURT ACT of 1971 broadly classifies the contempt as civil contempt and criminal contempt.

3.1 : Civil Contempt 

Under section 2(a) of the contempt of court act 1971, civil contempt is defined as willful disobedience to the direction, order, any judgment, decree or writ of court or willful breach of undertaking given to a court. Civil contempt is of private nature as it usually deprives the beneficiary of the decision from getting their profit from the decision.

3.1.1 : Defences Against Civil Contempt 

 The act provides for the following defences in case of civil contempt.
 Lack of knowledge of order: if a person does not know the order given by the court or he claims to be unaware of the order, he cannot be held liable for contempt.
 The disobedience or breach done should not be: if someone pleads that the act was not willful but a mere accident which was beyond his control; then he cannot be charged with the contempt of court.  The disobeyed order must be of ambiguous nature: if the order of the court is not specific or complete or vague in itself then non-compliance of it cannot result in contempt of court.
 Order involving more than one interpretation: if any order or judgment of any court leaves space for more than one interpretations and the defendant follows one of those interpretations then the person is not liable for contempt of court.
 Command of the order is impossible: if the order of any court is impossible or becomes impossible to perform then the non-performance of the act cannot come under contempt of court.

3.2 : 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. Scandalize or tends to scandalise, or lowers or tends to lower the authority of any court, or
2. Biasness, interferes or tends to interfere with the due course of any type of Judicial proceedings, or 3. Obstructs or tends to obstruct, interfere or tend to interfere with the administration of justice in any manner.

3.2.1 : Defences Against Criminal Contempt 

The following are defences for criminal contempt of court.
 Innocent publication and distribution of matter
 Fair and accurate report of the judicial proceedings
 Fair criticism of judicial act
 Complaint against presiding officer of subordinate courts.
 Publication of information relating to proceedings in chamber or in camera( not applicable in all cases).

4.0 REMEDIES AGAINST CONTEMPT OF COURT 

Amendment of 2006, added to SECTION 13 in the CONTEMPT OF COURT ACT 1971 (renaming the act as the Contempt of Court (Amendment) Act, 2006).This section speaks of the circumstances under which contempt of court cannot be punished. Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006 states that no Court under this Act shall be punished for Contempt of Court unless it is satisfied that the Contempt is of such a nature that it substantially interferes or tend to substantially interfere with the due course of Justice.
Clause (b) of Section 13 of this Act states that the court may give the defence on the justification of truth if it finds that the act done in the public interest and the request for invoking that defence is bona fide.

5.0 CRITICISM OF CONTEMPT OF COURT 

The discretionary power of the judges to determine and punish for the contempt has been a bone of contention for many scholars as this power gives too much authority to the judges. The criticism arises that the power of contempt lacks limitation in punishment. Critics argue that in criminal contempt, judges have a tendency to be too severe in their ruling. The power of contempt is critiqued for being in contrast to article 19(1)(a) of the Indian Constitution which gives right to freedom of speech and expressions.
As Justice Krishna Iyer said, “The law of contempt has a vague and wandering jurisdiction with uncertain boundaries. Such a law, regardless of public good, may unwittingly trample upon civil liberties”.
Further, the assumption that reverence for the judiciary can be gained by shielding judges from criticism misinterprets public opinion. Certainly an enforced silence, in the name of maintaining the dignity of the judiciary, would cause resentment, mistrust and disrespect, more than it would augment reverence.
In a democracy, the people should have the right to criticize judges. The purpose of the contempt power should not be to uphold the majesty and dignity of the court but only to enable it to function. The right of the citizen to free speech and expressions must be treated primary and the power of contempt should be subordinate.

6.0 CONCLUSION 

The prevailing role concerning to ex facie contempt of lower courts is baffling and indecisive in India, the snags in this regard are the after product of intersection of contempt powers under the Indian Penal Code, Contempt of Courts Act and powers of contempt of the Supreme Court and High Court under the Indian constitution. The scenario has developed as more complex by way of the unpredictable interpretations followed through the Supreme Court and High Court regarding varied provisions under the Indian Penal Code dealing with meddling with the administration of justice and barring clause contained in the Contempt of Courts Act. Not only the higher court should be given the power to deal with contempt but also the subordinate court should be provided this power. Contempt of Court if understood from the viewpoint of the judges, higher judicial officials seems virtuous but if it comes to the perspective of common people it turns out to be immoral and corrupt.




Devansh Sharma
B.A.LL.B(Hons)
2019-24
Law School
Banaras Hindu University
Email - mr.devansharma@gmail.com
Contact No. 8009294203


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