Contempt of Court in India

It is firmly understood that if courts are to fulfill the act of administering justice, they must have the authority to ensure obedience to any order passed by them to avoid any interference with its proceedings. One of the ways to prevent such proceedings from being disrespected is the ‘law of contempt.’

The laws related to contempt of court can be found in the Constitution of India and the Contempt of Courts Act, 1971 (hereafter referred to as ‘CC Act’).

The Constitution of India grants the authority to punish for contempt by the High Court or the Supreme Court under the following Articles:

• Article 129: As per Article 129, the Supreme Court must be a ‘Court of records’ and has all the necessary powers of such a Court, which includes the authority to punish individuals for contempt of itself (Court).
• Article 215: All High Courts shall be courts of record and have all the powers of such courts including the authority to punish for contempt of itself (Court).

The term ‘Court of record’ has neither been defined in the Constitution nor in other law statutes. However, the term is well recognized in the juridical world.

As per Jowitt’s Dictionary of English Law, it is defined as ‘a court whereof the acts and judicial proceedings are enrolled for a perpetual memorial and testimony, and which has power to fine and imprison for contempt of its authority.’

Courts in India have adhered to the English practice where a Court of record has the authority to punish for contempt of itself and of its subordinate courts.

With respect to the High Courts, the above position got legislative acceptance by introduction of the erstwhile Contempt of Courts Act 1926 (now repealed).

The CC Act, 1971 was drafted with the purpose of defining and limiting the courts’ powers when it comes to punishing for contempt of courts and to lay down the process in relation thereto. The CC Act does not properly define the term contempt of court, but rather states that ‘contempt of court’ means civil contempt or criminal contempt.

Important Provisions of the CC Act

Section 2(b)

Section 2(b) defines Civil Contempt as deliberate disregard and disobedience to judgments, decrees, directions, writs or other processes of courts or deliberate breach of an undertaking given to a court. This would mean that it is not just non-compliance of an order of a court which is regarded as contempt but would also include any undertaking or consent given to a court based on which a judgment/order is passed.

Section 2(c)

Section 2(c) defines Criminal Contempt as the publication of any issue or performing any other action that scandalizes/or is bound to scandalize the authority of any court, or prejudices or hinders the due course of judicial proceedings or interferes/tends to interfere or obstruct the administration of justice.

This means that any act which lowers the dignity of the court by imputing baseless allegations against the court or its working would be categorized as criminal contempt. However, there are some exceptions to this, such as reporting judicial proceedings fairly and accurately, fairly criticizing judicial acts, etc.

Sections 3 to 7

Sections 3 to 7 of the Act provide for actions which may not amount to contempt of court, including:

• Innocent publication.
• Publication of fair and accurate reports of legal proceedings.
• Publication of fair remarks on the merits of a matter that has been heard and for which the judgment has been passed for.
• Publication of any fair remark on the merits of a matter that has already been heard and for which a judgment has been passed.
• Any statement made to the High Court by a person in good faith about any presiding officer of a court subordinate to it.

Section 10

Section 10 clarifies that all High Courts have the power to punish for contempt of subordinate courts. This essentially means that in case an order passed by a subordinate court (including the district court or any other tribunal) is violated by any party, the proper remedy would be to file a contempt case before the High Court exercising supervisory jurisdiction over such subordinate court/tribunal and thereafter the High Court, in appropriate cases, shall be authorized to punish the party for contempt of the order.

Section 12

Section 12 prescribes the punishments for contempt of courts:

• Imprisonment for up to six months, a fine that may extend up to INR 2000 or both.
• However, provision for discharging the contemnor from punishment on an apology made to the satisfaction of the court is also provided for.

Section 14

Section 14 provides for contempt in the face of the Supreme Court (SC) or the High Court (HC) and where the SC or HC finds that a person has been guilty of contempt in its presence or hearing, the court may order detention of such person in its custody and thereafter inform him of the charge and afford the person an opportunity of being heard.

Section 15

Section 15 provides for cognizance of criminal contempt in cases not covered by Section 14. One must have often come across instances in the news where the Attorney General or Advocate General refuses or gives consent for initiating criminal contempt against a person. Section 15 is the relevant provision in that regard.

• The HC or SC may take suo moto cognizance of a criminal contempt (where words are spoken/written to scandalize the court or any judge, etc.
• Cognizance may also be taken on a motion made by:
   -The Advocate General (for criminal contempt of HC) or Attorney General (for criminal contempt of SC) or Solicitor General of India (for criminal contempt of SC), or
   -By any other individual that has the written consent of the Advocate General or Attorney General or Solicitor General of India.
• Generally, after the court takes cognizance, a notice is issued to the alleged contemnor to show cause as to why any criminal contempt proceedings should not be commenced against such contemnor.

Section 19

Section 19 provides for appeals against the orders passed by the High Court in exercise of its contempt jurisdiction.
For example, if an order of the Senior Citizen’s Maintenance Tribunal is violated by a party, the other party approaches the Delhi HC praying before the HC to exercise its contempt jurisdiction and punish the guilty party for contempt. This matter is heard by a single judge bench of the Delhi HC. In case, the HC comes to the conclusion that the alleged contemnor is actually in contempt and punishes the contemnor, only then an appeal would lie before the Division Bench of the HC.

In case, the single judge bench of the HC holds that no contempt is committed, no appeal would be made against such order.
In fact, even the party complaining of the contempt is barred from appealing against such an order. The reason being that Appeal is allowed ‘only when contempt jurisdiction is exercised.’ Further, contempt jurisdiction is said to be exercised ONLY when the court finds a party guilty of contempt and punishes for such contempt. These dual conditions ought to be fulfilled so that an appeal is allowed.

However, this will not bar the party complaining of the contempt to approach the Supreme Court under Article 136 of the Constitution.

The SC is empowered by Article 136 of the Constitution of India to grant special leave to appeal against judgments, decrees, orders, sentences, etc. issued by any of the courts or tribunals in India. It does not matter whether such judgment/decree/order was appealable under the provisions of any law.

Section 20

Section 20 provides for the limitation period and states that no proceedings of contempt can be initiated by any court after one year has passed from the date on which the contempt was allegedly committed.

How to establish Contempt of Court?

The following conditions must be fulfilled before a case for contempt of court can be established:

• A valid order is pronounced by a court of law.
• The alleged individual had full knowledge of an order being passed against them.
• The alleged individual has willfully disobeyed the court’s order.

Conclusion

As mentioned above, the primary purpose of the jurisdiction to punish for contempt of court is to ensure that the due compliances of the order passed by any court are made and further the majesty and integrity of the judicial system is kept intact. Though the punishment that can be meted out to a contemnor is serious in nature, in as much as the same provides for imprisonment as well, however necessary safeguards for the proper exercise of such jurisdiction are also provided under the Act: for example, actions which may not be contempt, provision for serving of notice, opportunity of being heard, etc.