CONTEMPT OF COURT AND ITS USABILITY

-K.M.C. Arunmokan
(BA0130014)
Abstract:
This research paper tries to analyse the legislation in existence i.e. Contempt of Courts Act,
1971 and its present usability. Basically Contempt of Court is offence of being disobedient or
disrespectful towards the Court of Law and its officers. Contempt of Court in broader sense
means disrespecting the Judiciary, the machinery which works for the maintenance of Law,
Order and Justice. Disrespecting it, is considered to be an offence which shall be of both civil
and criminal in nature.

Contempt of Courts Act has been enacted in the year 1971, whichs primary intension is to
regulate the actions which are considered to be disrespectful towards the judiciary. Civil
Contempt1 means wilful disobedience of any decree, judgment or order passed by the court
and Criminal Contempt2 means publication of any matter or doing any activity which
scandalises or tends to scandalise, lowers or tends to lower the authority of court, causes
prejudice in the minds of judicial officers in the due course of any judicial proceedings,
interferes or tends to interferes or obstructs or tends to obstruct the administration of justice.

This Act also provides scope for the High Courts to take action against its Sub-ordinate
courts whoever is found guilty of contempt.3 This Act also shall enlarge the scope of High
Court to try the contemnor who is found outside the courts jurisdiction.4 There are various
procedures which are to be followed to file a case under this Act. These procedures shall be
dealt in the research paper.

Every Citizen of India enjoy right to freedom of speech which is bestowed to him by Indian
Constitution.5 But there is no clear cut explanation of, when freedom of speech is being
curtailed and is brought into the ambit of Contempt of Court. So there is a thin line of
demarcation which separates criticism of activity of judiciary from contempt of court. So
researcher by this research paper tries to understand that thin line of demarcation.

1
S.2(b) of Contempt of Courts Act, 1971
2
S.2(c) of Contempt of Courts Act, 1971
3
S.10 of Contempt of Courts Act, 1971
4
S.11 of Contempt of Courts Act, 1971
5
Art. 19 of Indian Constitution.

1
The Act also clearly mentions that fair criticism shall not be considered as a contempt of
court.6 So it is very relevant to state that all activities which are likely to obstruct or interferes
the activity of judiciary shall not fall under the purview of contempt of court. This Act also
explicitly states that apart from whatever act mentioned under this Act, nothing shall be
considered as Contempt.7 So this provision technically reduces the scope of this Act.

So this research paper tries to analyse the thin line of demarcation which makes an act
offensive as contempt and which does not. So this research paper tries to understand purview
of Contempt of Court Act, 1971, its usability, the defences which can be used by contemnor,
punishments for contempt along with various celebrated judgments which gives clear
explanation to the scope of activity of contempt.

Key words: Contempt, Court, Contemnor, Judiciary, Judicial Officers.

Research Objectives:

1. To understand the usability of Contempt of Court Acts, 1971.

2. To understand the difference between Free Speech and Contempt.
3. To understand the procedures established by law to file a case under Contempt of
Courts Act, 1971.
4. To understand the defences that can be used for Contempt of Court.
5. To understand the limitation of Contempt of Courts Act, 1971.

Research Methodology:

The research methodology adopted is purely doctrinal in nature. The present research study
has been done with the help of Primary sources like Legislation, Judgments and Secondary
sources such as Standard texts, Journals and other Articles.

Sources:

Primary Sources: Contempt of Court Act, 1971, Constitution of India, 1950, Judgments.

Secondary Sources: Books, Articles, Journals.

6
S.4 of Contempt of Courts Act, 1971
7
S.9 of Contempt of Courts Act, 1971

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Research Questions:

1. When does a criticism of Judicial activity become Contempt of Court?

2. Whether Judicial Officers are immune from the proceedings of Contempt of Court?
3. Whether there is any limitation to Contempt of Court Act, 1971?

Tentative Chapterization:

1. Introduction
2. Contempt of Court An overview
3. Freedom of Speech vs. Contempt of Court
4. Interpretation of Contempt by Indian Judiciary
5. Conclusion

Review of Literature:

The following web articles have been reviewed by the research for his research purpose.

1. Concept of Contempt of Court by Rituj Chopra:8

In this Article, the author has detailed about judicial history behind the enactment of
Contempt of Courts Act, 1971, various types of Contempt, essentials of contempt
along with the limitation of the Act. In this article the author had referred to
C.K. Daphtary v. O.P. Gupta,9 where the respondent has published a booklet about
C.K. Daphtary as being dishonest and biased judge. This issue was brought before the
Apex Court and it explained about the scope of Contempt of Court.
2. Free Speech and Contempt of Court- Part I:10
In this web article, the author has discussed about the judicial history of contempt of
court in India as well as in USA and UK. The author has referred to few celebrated
judgments delivered by American Court of Law such as Bridges v. California,
Garrison v. Louisiana and Landmark Communications v. Virginia. Author has
referred to present scenario in existence in UK.

8
http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html last accessed on 09/08/2017 17.32 P.M
IST
9
1971 1 SCC 626
10
https://indconlawphil.wordpress.com/category/free-speech/contempt-of-court-free-speech/ last accessed on
09/08/2017 17.58 P.M IST

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 3. Free Speech and Contempt of Court- Part II:11
The author has explained about Free Speech guaranteed to every citizen by Indian
Constitution under Art. 19(1)(a), 19(2) and Power of Supreme Court and High Courts
to punish a person for its contempt which is bestowed upon it by Indian Constitution
under Article 129 and 215 respectively and S.124A of Indian Penal Code. The author
has also referred to few cases which dealt with the concept of Contempt of Court and
Freedom of Speech like Kedar Nath Singh v. UOI, Ram Manohar Lohia Case, S.
Rangarajan v. P. Jagjivan Ram, Ashwini Kumar Ghose v. Aurobindo Bose, D.C.
Saxena v. CJI. This article gives an explanation about the view of Indian Judiciary in
terms of Contempt of Court and Freedom of Speech. Author from his perspective sees
that Indian Judiciary allows the citizens to enjoy freedom of speech unless their right
scandalizes the judiciary.
4. Indian Courts and the Scandal of Contempt:12
In this article the Author has explained about the Judicial History of Contempt of
Courts Act, 1971. The Author has explained about the various types of contempt
which are presently in existence in our country. The author has also referred to
celebrated judgments rendered by Indian Judiciary such as E.M.S. Namboodripad v.
Narayan Nambiar and Arundathi Roy case.
5. Contempt of Court by Rajeesh A.P:13
The author has explained about the history behind the Contempt of Courts Act, 1971.
The author has explained the rationale behind the contempt power. The author has
explained about constitutionality of Contempt Laws along with clear cut explanation
of Art. 129 and 215 which confers power upon the Supreme Court and High Court to
punish contemnor of respective courts. The author has detailed about the types of
Contempt which were earlier present in common law principle along with drawing a
parallel line to types that are in existence in present scenario. The author has also
explained about the influence of trial by media which causes prejudice. The author
has explained the nature of trial by media which eventually turns into contempt of
court thus ending up in scandalizing the judiciary. The author has also referred to

11
https://indconlawphil.wordpress.com/category/free-speech/contempt-of-court-free-speech/ last accessed on
09/08/2017 17.58 P.M IST
12
http://www.livemint.com/Sundayapp/NzDo2qbcGqiQPtMDDMAvOP/Indian-courts-and-the-scandal-of-
contempt.html last accessed on 10/08/2017 13.11 P.M. IST
13
http://www.mgutheses.in/page/?q=T%202281&search=&page=&rad= last accessed on 10/08/2017 14.01
P.M. IST

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various types of punishments and procedures that are established by Contempt of
Courts Act, 1971.