Contempt of Court
What is Contempt of Court?
- Contempt of court is an act of disrespect or disobedience towards a judge or court’s officers or interference with its orderly process.
Constitutional Provisions:
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According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.
Civil contempt
It means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
Criminal contempt
It means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which
- scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or
- prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
- interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
Punishments for Contempt of Court :
- A contempt of court may be punished with simple imprisonment for a term which may extend to six months, or
- With fine which may extend to two thousand rupees, or with both, provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
- The Supreme Court in 1991, ruled that it has the power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in the entire country.
- The High Courts have been given special powers to punish contempt of subordinate courts, as per Section 10 of The Contempt of Courts Act of 1971.
- However, innocent publication and distribution of some matter, fair and reasonable criticism of judicial acts and comment on the administrative side of the judiciary do not amount to contempt of court.
Why in News?
The Supreme Court initiated a contempt of court case against public rights activist and lawyer Prashant Bhushan.
- https://www.thehindu.com/news/national/sc-initiates-suo-motu-contempt-proceedings-against-prashant-bhushan/article32161622.ece
- https://www.investopedia.com/terms/c/contempt-court.asp
- https://indianexpress.com/article/explained/explained-what-is-contempt-of-court-5703273/
- https://www.prsindia.org/report-summaries/review-contempt-courts-act-1971
Tag:GS 2: Judiciary
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