Contempt

Contempt means

A manner that is generally disrespectful

Open disrespect for a person or thing

 Definition of Contempt of court
Disrespect for the rules of a court of law

Disregard for the authority of the court including

committing disorderly behaviour in the presence of
the court

The willful failure to obey a courts order or

disrespectful or unacceptable behaviour

Disobedience of the rules, orders or process of a

court or gross disrespect to the judge or officials.
 Concept ?
Freedom of the subject has no meaning without
recognition of the Sovereignty of the state, wherever the
sovereignty may reside in the particular state.

Sovereignty has two aspects

Foreign Aspect Military Strength maintains the

sovereignty of the state in its relation with territories
outside its own and an attack on its sovereignty is met by
force + In the new era by cross border terrorism also.

Domestic Aspect Within its borders the state maintains

its sovereignty by its power to maintain law and order.
 Concept ?
Ability to exercise law Continued existence of the State
Exercise of this power is two fold
Making laws binding on the subject +Enforcing the laws
Hence an attack on its authority to [make laws + enforce
those laws] is an attack on sovereignty of the State.
In all civilized States an attack on the legislative authority of
the sovereign Legislature and an attack on the authority on
the State Judiciary have been regarded as not offence
under municipal law but offence against state itself as
sovereign
When an attack is made against such authority it be
regarded as offence termed as Contempt i.e. of Court or
of Parliament
 Hence

Freedom of the subject presupposes

the recognition of sovereignty and can
not be involved in a summary
proceedings for an attack on the
sovereignty termed Contempt
 Contempt in broader sense
1. Contempt of Courts and of their officers

2. Contempt of Legislatures and their members

3. Contempt of Public Servants

Law which confers greatest good upon the greatest

number.

Salus populi suprema lex The welfare of the people

is the supreme law.
 Development in Contempt Laws
Pre Independence era The Contempt of Court
Act, 1926
Post Constitution The Contempt of Court Act,
1952
As per article 215 of the Constitution of India
Every High Court shall be a court of record and shall
have all powers of such a court including power to
punish contempt itself. But also Art. 19 Gives
freedom of expression etc.
The Contempt of Courts Act, 1971
 Statutory laws of Contempt in India
The code of Criminal Procedure, 1973 S. 340, 345
to 352 and 195

The Indian Penal Code, 1860 S. 228 + 172 to 190

The code of civil Procedure O37 R2(3); O16 R11

to 12; O39R2 & 2A; O40 R1 + S. 135 + S.151

The Constitution of India Art. 19(1) + 19(2) + Art.

129 + Art. 215
 Court of Records
The corpus Juris Vol 15 page 720 A Court of
Record has been defined as a court where the acts
and judicial proceedings are enrolled in parchment
memorial and testimony and which has power to
fine and imprison for contempt of its authority.

A court which is bound to keep record of its

proceedings and that may impose fine and imprison
 Contempt of Court Act, 1971

As per Sec.2(a) of Contempt of Court Act,

1971
Contempt of Court" means
Civil contempt or
Criminal contempt;
 Contempt of Court Act, 1971
As per Sec. 2(b) of the act "civil contempt" means
1. wilful disobedience to any judgment,
2. wilful disobedience to decree,
3. wilful disobedience to direction,
4. wilful disobedience to order,
5. wilful disobedience to writ or
6. wilful disobedience to other process of a court or
7. wilful breach of an undertaking given to a court;
 Contempt of Court Act, 1971
Illustration of Civil Contempt
Wilful disobedience is an essential ingredient,
Wilful disobedience by Public officer,
Wilful disobedience by University,
Wilful disobedience by State (comes within the
purview of Art.12 of C of I.),
Wilful disobedience by third party,
Wilful disobedience of Interim Injunction,
Wilful disobedience Status quo,
Wilful disobedience in Matrimonial proceeding,
Wilful disobedience of Breach of undertaking.
 Contempt of Court Act, 1971
Sec.2(c) "criminal contempt" means the publication of any matter
or the doing of any other act whatsoever which
(i) scandalises any court or
tends to scandalise any court or
lowers the authority of any court or
tends to lower the authority of any court; or

(ii) prejudices any judicial proceeding or

interferes the due course of any judicial proceeding or
tends to interfere with the due course of any judicial proceeding;

Note Publication may be by words, by spoken or by written,

or by signs, or by visible representations, or otherwise
 Criminal Contempt
Sec.2(c) "criminal contempt" means the publication of
any matter or the doing of any other act whatsoever
which
(iii) interferes in the administration of justice or
tends to interfere with the administration of justice or
obstructs the administration of justice or
tends to obstruct the administration of justice in any
other manner;

Note Publication may be by words, by spoken or

by written, or by signs, or by visible representations, or
otherwise
Question for class Develop otherwise
 Important Ruling on Sec. 1
Object of Contempt of Court Act, 1971

AIR 2002 SUPREME COURT 1405 "Anil Ratan Sarkar v. Hirak

Ghosh
Coram : 2 U. C. BANERJEE AND Y. K. SABHARWAL, JJ.

CONTEMPT OF COURT Object behind enactment -

Contempt - Is powerful weapon in hands of Courts - To be
used with utmost care and caution and that too sparingly.

The Contempt of Courts Act, 1971 has been introduced in the

Statute Book for the purposes of securing a feeling of
confidence of the people in general and for due and proper
administration of justice in the country
 Imp. Ruling Contempt of Court Sec. 2(a)
AIR 2004 SUPREME COURT 3227 "Deepak Kumar Prahladka v. Prabha
Shanker Mishra
Coram : 2 Y. K. SABHARWAL AND ARUN KUMAR, JJ.

Facts Petitioner (accused) pretending to be researcher on law and

judiciary filed complaint u/s 340, Cr.P.C. alleging offence committed by
High Court Judges affecting administration of justice - Division Bench
passing order dismissing said complaint and suo motu issuing contempt
notice - Instead of challenging correctness of said contempt notice in
appropriate proceedings accused filed another contempt petition against
High Court Judges constituting Division Bench. High court has dismissed his
contempt petition and punished him for 6 month and fine of Rs2000/-

Petitioner -- Accused challenged only Punishment for contempt - Averments

made in two Contempt Petitions filed in High Court prima facie found to be
contemptuous and tend to scandalize Court - No notice and opportunity
given to accused-petitioner before holding him guilty and passing order of
imprisonment - Supreme Court holds accused not challenging said dismissal
order and he having already undergone sentence of 36 days = conviction
set aside.
 Burden and Standard of Proof in Contempt matter
AIR 2001 SUPREME COURT 3468 "Chhotu Ram v. Urvashi
Gulati By AJAY PRAKASH MISRA AND U. C. BANERJEE, JJ.
S.2(a) Contempt of Courts Act + S.101, S.102, S.103, S.104 of
Evidence Act, 1872 Burden and standard of proof.

As regards, the Burden of proof, the common legal

phraseology "he who asserts must prove" has its due
application in the matter of proof of the allegations said to be
constituting the act of contempt.

As regards the 'standard of proof', be it noted that a

proceeding under the extraordinary jurisdiction of the Court
in terms of the provisions of the Contempt of Courts Act is a
quasi-criminal, and as such, the standard of proof required is
that of a criminal proceeding and the breach shall have to be
established beyond all reasonable doubt.
 Civil Contempt
AIR 2009 SUPREME COURT 1314
"All India Anna Dravida Munnetra Kazhagam v. L. K.
Tripathi

Contempt of Courts Act (70 of 1971), S.2(b), S.12 -

CONTEMPT OF COURT - Civil contempt - Bandh held
in disregard to Court's restraint order.

Complaint against Chief Minister of State who had

given call for Bandh Chief Minister had on coming
to know of court order withdrawn Bandh
 Civil Contempt
AIR 2009 SUPREME COURT 3256 "Jagadguru Annadanishwara
Maha Swamiji v. V. C. Allipur
S. B. SINHA AND P. SATHASIVAM, JJ.
CONTEMPT OF COURT Civil Contempt Director of pre-
university education not 'Court' so Contempt proceedings cannot
be initiated for disobedience in his order.

AIR 2005 SUPREME COURT 4442 "Common Cause 'A' Registered

Society v. Union of India by 3 JJ.
Contempt of Courts Act (70 of 1971), S.2(b) - CONTEMPT OF
COURT by ADVOCATE Advocates refusing to participate in strike
call by Bar Association - Punitive actions taken against them by
Respondent Contemners allegedly in violation of directions issued
by Supreme Court in common cause case - Incident took place five
years back and since then there has been no repetition of acts of
type alleged matter dropped
2003 AIR SCW 43 +2000 AIR SCW 4093 + AIR 1998 SC 1895+
(1995)1 Scale 6