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SC sentences lawyer to 3 months in jail for contempt, suspends term on apology
- The Supreme Court had sentenced an advocate to three months jail for committing contempt of court by browbeating the judges. However the apex court suspended the sentence with a condition that he would abide by his own undertaking that he won’t insult judges in future.
- Contempt of court is an offense of being disobedient to or being disrespectful towards a court of law. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.
- Article 129 and Article 215 empowers the Supreme Court and the High Courts respectively, to punish people for their contempt. Contempt of Courts Act of 1971 defines the power of courts to punish for their contempt and regulates their procedure.
- There are two types of contempt. Civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to a court and
- Criminal Contempt is any publication which may result in (a)Scandalising the Court by lowering its authority.(b)Interference in the due course of judicial proceeding and (c)Creates an obstruction in the administration of justice.
- The contempt proceeding can be initiated till 1 year from the commission of an offence. Apology also forms a defence under the contempt of Court act. However, it should be unconditional and should be in good faith with the promise to abide by the order of the Court.
