In an interview with The Times of India on November 9, 2023, Chief Justice of India D.Y. Chandrachud had talked about the fundamental basis of the offence of “Contempt of Court”. He discussed that the power of constitutional courts to punish for contempt is meant to ensure the courts run smoothly, not to protect judges from criticism. He stressed that the reputation of judges should come from their work and decisions, not from blocking public opinion.
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The judiciary plays an important role in maintaining law and order, ensuring justice, and upholding the rule of law in India. To preserve the dignity and authority of the courts, the concept of Contempt of Court exists. This legal principle prevents actions or words that could obstruct justice, disrespect the court, or challenge its authority. But what does contempt of court really mean, and how is it categorised under Indian law?
What is Contempt of Court?
Simply put, Contempt of Court means any behaviour that disrespects the authority of the court or disrupts its ability to do its job. This can include ignoring court orders, interfering with legal processes, or showing disrespect to judges and the procedures of the court.
The purpose of contempt of court is to make sure courts can operate smoothly and without interference. It helps protect the fairness of the legal system and ensures everyone follows the law.
Types of Contempt: Civil and Criminal
The law classifies contempt into two main types:
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Civil Contempt
Civil Contempt is under Section 2(b) of the Contempt of Court Act, 1971. This happens when someone purposely disobeys a court order or does not follow a decision of the court. For example, if a person is told to pay a fine or follow a legal ruling but refuses to do so, they can be held in civil contempt. The goal of civil contempt is usually to force the person to comply with the court’s decision.
Example: If someone refuses to leave a property despite a court order, they are committing civil contempt.
Criminal Contempt
Criminal Contempt is under Section 2(c) of the Contempt of Court Act, 1971. It involves actions that insult or disrespect the court or interfere with its proceedings. This can include attacking judges verbally or in writing, influencing witnesses, or doing anything that damages the authority of the court.
Example: Making false claims against a judge or publicly insulting the judiciary could lead to criminal contempt charges
The Contempt of Court Act, 1971
In India, the Contempt of Court Act, 1971 governs contempt proceedings. The act defines both civil and criminal contempt and lays out the circumstances under which a person can be charged with contempt.
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Key Provisions of the Act:
- Civil Contempt: As mentioned, it covers the willful disobedience of court orders or judgments.
- Criminal Contempt: Involves actions or publications that demean or lower the authority of the court, prejudice any judicial proceedings, or obstruct the administration of justice.
However, the law also includes some protections:
- Fair Criticism: The law does not punish fair and reasonable criticism of court proceedings. Public discussion of court decisions is allowed, as long as it doesn't disrespect the court.
- Truth as a Defence: A 2006 amendment to the law allows truth to be used as a defence in contempt cases, as long as it serves the public interest and is not meant to harm or disrupt justice.
Punishments for Contempt of Court in India
The punishments for contempt of court are meant to maintain judicial respect and compliance with the rule of law. The Contempt of Court Act, 1971, prescribes penalties that include:
- Imprisonment: The accused may be imprisoned for a term that may extend up to six months.
- Fine: A person held in contempt can be fined up to ₹2,000.
- Combination of Both: In some cases, the court can impose both a fine and imprisonment.
- Apology: The court can also accept an apology from the accused, but this has to be sincere and given in good faith. An apology that is found to be insufficient or merely for the sake of avoiding punishment may not be accepted by the court.
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Key Cases of Contempt of Court in India
Several landmark cases have shaped the understanding of contempt in India:
- Re Arundhati Roy (2002): In this case, activist and writer Arundhati Roy was held in criminal contempt for making statements against the judiciary while criticising a Supreme Court ruling on the Narmada dam project. She was sentenced to a day’s imprisonment and fined ₹2,000. This case highlighted the judiciary's unwillingness to accept negative public remarks about its role.
- Prashant Bhushan Case (2020): Advocate Prashant Bhushan was found guilty of criminal contempt by the Supreme Court for his tweets that allegedly insulted the judiciary. The court imposed a symbolic fine of ₹1, failing which he could be sentenced to three months in jail. The case sparked a public debate about the balance between free speech and judicial respect.
- Re: P.N. Duda (1988): The Supreme Court took suo moto cognizance of a speech by former Union Minister P.N. Duda, who criticised the judiciary. The court ruled that publicly criticising judges without solid proof could amount to contempt. The key message was that public figures must exercise caution in their statements, as unwarranted criticism can damage the judiciary's integrity. This case highlighted the fine line between freedom of speech and the need to protect the judiciary from baseless attacks.
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Conclusion
The idea of Contempt of Court is important for keeping the authority, respect, and fairness of the courts in India. It makes sure that the court orders are followed and judicial decisions are not wrongly criticised or blocked, helping protect the integrity of the justice system. Although contempt punishments can be strict, the law also supports fair and reasonable criticism for the sake of transparency.
Through major cases and ongoing legal discussions, contempt of court laws continue to develop to balance respect for the courts with freedom of speech.
Frequently Asked Questions (FAQs)
1. What is Contempt of Court in simple terms?
Contempt of Court refers to any behaviour that disrespects the court or interferes with its proceedings. It can include disobeying court orders, disrupting legal processes, or insulting judges. The goal is to make sure the courts function smoothly and maintain authority.
2. What are the two types of Contempt of Court?
There are two types:
- Civil Contempt: When someone disobeys a court order, like refusing to follow a legal decision.
- Criminal Contempt: When someone disrespects the court or interferes with justice, such as insulting a judge or disrupting proceedings.
3. Can you criticise a court’s decision?
Yes, as long as the criticism is fair, respectful, and not aimed at harming the court’s authority. The law allows public discussions of court decisions, but personal attacks on judges or baseless accusations could lead to contempt charges.
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4. What are the punishments for Contempt of Court?
Punishments for contempt can include:
- Imprisonment for up to six months
- A fine of up to ₹2,000
- In some cases, both imprisonment and a fine. The court may also accept a sincere apology.
5. How does truth work as a defence in Contempt of Court?
Since 2006, truth can be used as a defence in contempt cases, but only if it is in the public interest and not intended to harm the court or disrupt justice.
References:
- Contempt power not to protect judges from criticism: CJI D Y Chandrachud-Times of India
- Contempt of Court in India-Drishti Judiciary
- India Code NIC
Written by Seersha Chaudhuri
Driven legal professional with a BA LLB and a knack for writing and media reporting. Previously, I’ve crafted legal documents and managed court proceedings at Terkiana PC, focusing on immigration law. I’m also brushing up on my Spanish with Duolingo—learning a new language has never been this fun! Eager to blend my expertise in legal research with my passion for global policy and creative writing. Apart from being a professional, I am a full time lover of fish, dystopian fiction and Brooklyn 99.
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Further Reading
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