Contempt of Court is the offense of being disobedient to or being disrespectful towards a court of law.
Any action which defies a court’s authority or impedes the ability of the court to perform its functions or willfully fails to obey a court order.
Constitutional and Legal Provisions for Contempt of court:
- Article 129: “The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt not only of itself but also of High courts, subordinate courts and tribunals functioning in the entire country”
- Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.
- Article 215: “Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.”
- High Courts have been given special powers to punish people for the contempt of subordinate courts, as per Section 10 of The Contempt of Courts Act of 1971.
As per the Contempt of Courts Act 1971, contempt of court is of two types: civil and criminal contempt.
Civil Contempt:
- It is said to be committed when someone willfully breaches an undertaking given to court or someone willfully disobeys a court order.
- Punishment: According to section 12 of the Contempt of Courts Act, 1971, punishment for civil contempt is simple imprisonment for a term which may extend to six months, or with a fine which may extend to two thousand rupees, or with both.
Criminal Contempt:
- It consists of mainly three forms: Words, written or spoken, actions and signs that scandalize or tend to scandalize; tends to lower or lower the authority of any court; interferes or prejudices with any judicial proceeding, obstructs or interferes with the administration of justice.
- Punishment: For criminal contempt of courts, there is no such thing prescribed in the statute. However, it is left to the courts’ discretion to award punishment.
- Limitation: One year from the date of commission of the offence.
