What is ‘contempt of court’, and why does the A-G have to consent to these proceedings?

News: Attorney General has given his consent for the initiation of criminal contempt proceedings against stand-up comedian Kunal Kamra for his tweets following the Supreme Court’s decision to grant interim bail to a television anchor.

Facts:

• Contempt of Court: As per the Contempt of Courts Act 1971, contempt refers to the offense of showing disrespect to the dignity or authority of a court.
• Types: The act divides contempt into civil and criminal contempt.
  • Civil contempt: It is willful disobedience to a judgment, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to the court.
  • Criminal contempt: It means the publication (whether by words, spoken or written or by signs or by visible representations) of any matter or the doing of any other act whatsoever which
    • scandalizes or tends to scandalize or lowers or tends to lower the authority of, any court; or
    • prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
    • interferes or tends to interfere with or obstructs or tends to obstruct, the administration of justice in any other manner.
  • In 2006, the government brought in an amendment which now provides “truth” as defence provided it is bona fide and in public interest.
• Prior Consent of AG: According to Contempt of Court Act, 1971, prior consent in writing of the Attorney General(AG) is required for the Supreme Court to initiate criminal contempt action in a case.
• Punishment: A contempt of court may be punished with:
  • Simple imprisonment which may extend to six months or
  • Fine which may extend to two thousand rupees or With both.
  • However,the accused may also be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

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