News: Recent alleged derogatory remarks against the Chief Justice of India and the Supreme Court triggered calls for contempt proceedings to protect judicial authority.
About Contempt of Court in India
- Contempt of court is a legal tool used to protect the dignity and functioning of courts by addressing conduct that lowers their authority or obstructs the justice process.
- Statutory Basis
- Constitutional grounding
- The Constitution lists “contempt of court” as a permissible restriction on free speech under Article 19(2).
- The Supreme Court (Article 129) and High Courts (Article 215) are courts of record and have the inherent power to punish for their contempt.
- Statute: The Contempt of Courts Act, 1971 (amended in 2006) provides the statutory framework; it defines contempt, limits the power to punish, and regulates procedure.
- Constitutional grounding
- Types of Contempt of Court
- Civil Contempt: Section 2(b) of Contempt of Court Act 1971 defines civil contempt as wilful disobedience of a court’s judgment, decree, direction, order, writ, or any other process of a court, or wilful breach of an undertaking given to a court.
- Criminal Contempt: Section 2(c) of the Contempt of Court Act 1971 defines criminal contempt as 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 lowers the authority of any court, or
- prejudices or interferes with the due course of any judicial proceeding, or
- interferes with or obstructs the administration of justice in any other manner.
- Initiation of Proceedings
- Contempt is distinct from mere disrespect.
- It covers conduct that disrupts or undermines justice.
- Initiation of cases:
- The Supreme Court or a High Court may act suo motu.
- A third party may move the court with written consent of the Attorney General/Solicitor General (for the Supreme Court) or the Advocate General (for High Courts);
- Special law officers apply for Delhi/UTs.
- Punishment
- Simple imprisonment up to six months or fine up to two thousand rupees, or both.
- A bona fide apology can lead to discharge or remission.
- For civil contempt, detention in a civil prison for a period not exceeding six months.
- Judicial view / Important cases
- Fair criticism vs contempt: Fair comment on a decided case is not contempt; crossing fair limits may attract action (Ashwini Kumar Ghosh v. Arabinda Bose, 1952).
- Caution in use of power: Punitive power must be exercised carefully and only on clear violation (Anil Ratan Sarkar v. Hirak Ghosh, 2002).
- Abusive public speech: Using abusive language while attacking a court order can amount to criminal contempt as it undermines authority and disrupts justice (M. V. Jayarajan v. High Court of Kerala, 2015).
- Purpose reaffirmed: The objective of contempt jurisdiction is to ensure administration of justice (Shanmugam @ Lakshminarayanan v. High Court of Madras, 2025).
