contempt of court

The Contempt of Courts Act, 1971 recognises two kinds. Civil contempt is wilful disobedience of a judgment, decree, order or writ, or wilful breach of an undertaking given to a court (s.2(b)). Criminal contempt is a publication or act that scandalises or lowers the authority of a court, prejudices or interferes with judicial proceedings, or obstructs the administration of justice (s.2(c)).

The punishment is simple imprisonment up to six months, fine up to two thousand rupees, or both, and a bona fide apology may lead to discharge (s.12). Truth is a defence if in the public interest and bona fide (s.13). Fair criticism of a decided case is not contempt. The Supreme Court and High Courts also have inherent power as courts of record (Articles 129 and 215).

Example

The officer's refusal to reinstate the employee despite the High Court's order is wilful disobedience and amounts to civil contempt of court under section 2(b).

In Indian law

• Sections 2, 12 and 13, Contempt of Courts Act, 1971
• Articles 129 and 215, Constitution of India (courts of record)

See also

sub judice · judgment · natural justice

Read more in the study notes

• The rule against bias (Administrative Law)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)
• Offences against the State (Bharatiya Nyaya Sanhita)
• Appeals and compensation: from the Competition Appellate Tribunal to the NCLAT and the Supreme Court (Competition Law)