Wednesday, January 13, 2021

Contempt of Court ( Introduction, meaning and punishment)

                                           

                        CONTEMPT OF COURT





Meaning of contempt of Court:- In the simplest way contempt means disrespect. So contempt of court means disrespectful behavior  towards court. When someone willfully disrespect the court by words, by actions, or by any kind of print media, or social media and if someone disobey willfully any order or decree it would be called contempt of court. Acts regarding the contempt of court is created to maintain the dignity of court. 

For example:- If someone says that all judges of court are corrupt. It would be contempt of court. It is not necessary that he should said this statement only through his words. If he writes this statement on his social media account or print this statement in any of the news paper. It all would included in "Contempt Of Court".  

Contempt of court according to Indian Constitution act
 According to article 129 of Indian constitution act "The supreme court of India shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself."

According to article 215 of Indian constitution act " The high court of India shall be a court of records and shall have all the powers of such a court including the power to punish for contempt of itself ".

Contempt of Court according to contempt of court act 1971

According to section 2 of contempt of court act 1971
In this act unless the context otherwise requires,-
(a) "Contempt of Court " means civil or criminal contempt ;

(b)"Civil contempt" means wilful disobedience to any judgement, decree, directions, order, writ or other process of a court or wilful breach of an undertaking given to court;

(c) " Criminal contempt" means the publication(whether by words , spoken or written by signs or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-

(i) Scandalises or tends to scandalises, or lowers or tends to lower the authority of , any court, or

(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding; or

(iii) Interferes or tends to interfer with, or obstruct or tends to obstruct, the administration of justice in any other manner.

So these two defintion are given in the Indian constitution act and Contempt of Court act 1971. In contempt of court act contempt is divided into two parts Civil contempt and Criminal contempt.

Punishment for contempt of Court :- Court may punished with the simple imprisonment which may extend to 6 month, or fine which may extend to 2000 Rs or with both.






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