Polity

Contempt of Court

08/03/2025

139 3 minutes read

In the Indian Judiciary, Contempt refers to the offence of displaying disrespect to the glory or authority of a court.
Contempt of court is any behaviour or wrongdoing that conflicts with or challenges the authority, integrity, and superiority of the court.
It may encompass failure to conform with requests, witness tampering, taking flight evidence, or defying court orders.
The Contempt of Courts Act 1971 was established following the recommendations of the H.N. Sanyal Committee.

The Contempt of Courts Act 1971 categorises contempt into two types: Civil Contempt, which entails the willful disobedience of court orders, and Criminal Contempt, which includes motions that undermine the authority or dignity of the court.
Civil Contempt: Section 2(b) of Contempt of Court Act 1971 defines civil contempt as wilful disobedience to any judgment, decree, course, order, writ or different method of a court or wilful breach of an challenge given to a court
Criminal Contempt: Section 2(c) of the Contempt of Court Act 1971 defines criminal contempt as the publication (whether or not by phrases, spoken or written, or by symptoms, or by visible representations, or in any other case) of any count number or the doing of some other act in any respect which:
- scandalises or tends to scandalise, or lowers or has a tendency to decrease the authority of, any court; or
- prejudices, or interferes or tends to interfere with the due path of any judicial proceeding; or
- interferes or has a tendency to interfere with, or obstructs or tends to obstruct, the administration of justice in any manner.

A person discovered guilty of contempt of court can be sentenced to imprisonment for up to six months or fined up to 2000 rupees, or each.
However, if the character gives an apology that satisfies the court, the punishment can be waived, or the person can be launched.
Power of High Court to punish contempt of subordinate courts: Every High Court shall have the power to punish contempt of subordinate courts.
In the case of criminal contempt, the Supreme Court or the High Court might also take action on its motion or a motion made via the Advocate-General or every individual, with the consent in writing of the Advocate-General.
Amendment to Contempt of Courts Act 1971: The 2006 modification to the Contempt of Courts Act 1971 specifies that the court can impose a penalty for contempt only if it determines that the act extensively disrupts or is possibly to disrupt the proper management of justice substantially.

The Indian Constitution offers courts the authority to punish for contempt to uphold judicial integrity.
Under Article 129, the Supreme Court, as a court of record, has the power to punish for its own contempt. Article 142(2) lets the Supreme Court make orders ensuring attendance, report production, or punishment for contempt.
Similarly, Article 215 presents High Courts, as courts of record, with the authority to punish for contempt.

Media Trials: Criticizing ongoing cases or judges can result in criminal contempt charges. Sensational media insurance of high-profile cases can also affect trials, highlighting the need to stabilize free speech with judicial respect.
High Number of Contempt Cases: There are a high number of civil (96,993) and criminal (583) contempt cases pending in diverse High Courts and the Supreme Court. The Law Commission discovered that the high number of cases justifies the continuing relevance of the Act.
Constitutional Power: The superior courts (Supreme Court and High Courts) derive their contempt powers from the Constitution. The Act only outlines the process for investigating and punishing contempt.
Impact on Subordinate Courts: The Constitution lets in advanced courts to punish for his or her contempt. The Act additionally permits the High Court to punish for contempt of subordinate courts. This act empowered subordinate courts to address cases in their contempt.