Concepts

Contempt of Court

CAPF wiki1 min read6 sections
At a glance
SubjectPolity

Definition

Conduct that disobeys or disrespects a court of law, or that obstructs or lowers the authority and administration of justice. Indian law divides it into civil contempt and criminal contempt.

Key points

  • Governed mainly by the Contempt of Courts Act, 1971, and by constitutional powers: Article 129 makes the Supreme Court, and Article 215 the High Courts, "courts of record" with power to punish for contempt.
  • Civil contempt: wilful disobedience of any judgment, decree, direction or order of a court, or breach of an undertaking given to a court.
  • Criminal contempt: publication or act that scandalises or lowers the authority of a court, prejudices a pending proceeding, or obstructs the administration of justice.
  • The 1971 Act allows defences such as innocent publication, fair and accurate reporting of proceedings, and (after a 2006 amendment) truth as a defence if in public interest and bona fide.
  • Punishment can extend to simple imprisonment up to six months or a fine up to two thousand rupees, or both; fair criticism of a judgment and bona fide statements are protected and the power is to be used sparingly.

Why it matters for CAPF

It is a frequently tested judiciary topic linking Articles 129 and 215, the 1971 Act and the free-speech-versus-judicial-authority balance.

Common confusion

Civil contempt is disobedience of a court order; criminal contempt is scandalising or obstructing justice; truth is a defence only since the 2006 amendment and only if bona fide and in public interest.

One-line recall

Disobeying or lowering the authority of courts; civil (disobedience) and criminal (scandalising or obstruction) under the Contempt of Courts Act, 1971, and Articles 129 and 215.

Parent note

judiciary

← BackAll of Concepts