In general terms, contempt means the feeling that somebody/something does not deserve any respect or is without value. In the legal sense, contempt of court can be easily understood as being an act of disobedience or disrespect, or an interference with the orderly process of the court.

The concept of Contempt of Court has been adopted from English Law and its statutes. The first statutory procedure for which has been established by the Contempt of Courts Act, 1971. The Sanyal Committee has been responsible for all the amendment processes in this law. The main objective of the Act is to define and limit the authority of particular courts in penalising contempt of court, as well as to regulate their practise in this regard. That is, the courts' contempt jurisdiction is solely for the sake of protecting the dignity of the existing legal system. However,the court is required to act judicially and not be overly sensitive or emotional while exercising this power.

Section 2 provides the interpretation clause.

“Wilful defiance or open disrespect for a court, judge, or legislative body.”

Section 2(a) states that, Contempt of court can be classified into two broad segments of-

1. Being disrespectful to legal authorities in the courtroom.

2. Willfully failing to obey a court order.

According to Section 2(b) and 2(c) deal with civil and criminal cases respectively.

Civil contempt refers to wilful disobedience to any judgment of the court.

Criminalcontempt can be invoked if an act:

• • Tends to scandalise or lower the authority of the court.

  • Tends to interfere with the due course of any judicial proceeding.

  • Obstruct the administration of justice.

The Contempt of Courts Act of 1971 divides contempt into civil and criminal offences. The Act states that High Courts and the Supreme Court of India have the authority to try and punish acts of contempt against courts subordinate to them; however, the Supreme Court of India has clarified that any court of record has the inherent authority to punish for contempt. Aside from these courts, certain administrative tribunals have been given the authority to punish for contempt in their governing statutes. The Contempt of Courts Act 1971 specifies the procedure for trying cases of contempt of court. Courts can commence proceedings suo motu, or on their own initiative, and require a written notice to be delivered to the person accused to have committed contempt to come before the court when the contemptuous act or words occur in the presence of the court. When it comes to acts of contempt performed in their presence, courts are compelled to hold these hearings as soon as possible, ideally on the same day. Persons accused of contempt have the right to be heard in their defence, and courts have the authority to hear evidence in the case. Detention in custody is permitted during a contempt trial.

The Contempt of Courts Act provides three defences to contempt charges.

·       It provides an exemption for those who innocently publish or commit acts that would otherwise constitute contempt if they reasonably believed there were no ongoing judicial proceedings regarding these acts, or if the content of their words or actions did not contain anything contemptuous.

·       Fair and accurate reporting on judicial processes, as well as fair criticism of the judiciary, are specifically exempted under the Act.

·       The Contempt of Courts Act 1971 was changed in 2006 to include truth as a defence to contempt if the person claiming this defence was acting in the public good.

Additionally, Sections 3 to 7 of the Contempt of Court Act, 1971 elaborate on the exceptions accordingly.

Section 12 of the Act, deals with the penal provisions:

It states that contempt of court may be penalised with simple imprisonment for a term of up to six months or a fine of up to two thousand rupees, or both. However, the provision is an exception clause of the punitive law that states that if an apology is made to the satisfaction of the Court, the accused may be acquitted, or the punishment awarded may be remitted. The provision's explanation states that an apology shall not be rejected solely because it is qualified or conditional if the accused makes it genuine. In terms of the punitive clause, however, there is no distinction between civil and criminal contempt. This indicates that Section 12 applies in both cases.

As Defence, Section 13 states that:

Contempt of court cannot be punished under certain circumstances- 

(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice

(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.

Although the term 'contempt of court' is not defined in the Constitution. However, Article 129 of the Constitution gives the Supreme Court the authority to penalise itself for contempt. and Article 215 grants the High Courts an equivalent power.

Some notable cases are:

1. Re: Arundhati Roy

2. M.V. Jayarajan v. High Court of Kerala

3. The Case of the Times of India and the Indian Express

Criticism

The main criticism arising is regarding a breach on the right to personal liberties and freedom of speech, because there exists such a thin line between criticism and defamation. Assertions pit free speech and expression against contempt of court; on one hand, freedom to fairly and reasonably criticise the judiciary increases accountability; on the other hand, the power to punish contempt of court ensures free and unhindered administration of justice. It is permitted to criticise the judiciary or the conduct of a Judge in his judicial role in a fair, reasonable, moderate, and legitimate manner. A contempt is intended to safeguard the institution and prevent interference with the administration of justice.

References:

The Contempt of Court Act, 1971.