EVOLUTION OF CONTEMPT, CONSTITUTIONAL PROVISIONS, TYPES OF CONTEMPT OF
COURT
1. Meaning of Contempt of Court
Contempt of Court refers to any act that:
- Disrespects the authority, dignity, or sanctity of a court, or
- Interferes with the administration of justice.
The purpose of contempt law is not to protect judges personally, but to protect public confidence in the judicial system.
Key idea: Courts must function freely and fairly; contempt law ensures this.
2. Evolution of Contempt Law in India
(A) Pre-Independence Era (British Rule)
- Contempt law in India originated from English Common Law.
- The Charter Courts (Supreme Courts in Presidency towns) had inherent powers to punish for contempt.
- High Courts established later also exercised contempt powers.
There was no codified law, only judge-made principles.
(B) Post-Independence Developments
1. Contempt of Courts Act, 1952
- First attempt to codify contempt law in India.
- Defined powers of courts to punish for contempt.
- However, it was inadequate and unclear.
2. Sanyal Committee (1961)
- Recommended a clearer and comprehensive law.
- Suggested balancing freedom of speech and judicial authority.
3. Contempt of Courts Act, 1971
- Present governing law.
- Clearly defines:
- Civil Contempt
- Criminal Contempt
- Prescribes punishment, procedure, and defences.
This Act balances judicial authority with constitutional freedoms.
3. Constitutional Provisions Related to Contempt
(A) Article 129 – Supreme Court
The Supreme Court shall be a Court of Record and shall have power to punish for contempt of itself.
(B) Article 215 – High Courts
Every High Court shall be a Court of Record and shall have power to punish for contempt of itself.
Court of Record means:
- Its judgments are preserved permanently
- It has inherent power to punish for contempt
(C) Article 19(1)(a) & Article 19(2)
- Article 19(1)(a) grants freedom of speech.
- Article 19(2) permits reasonable restrictions, including contempt of court.
Hence, freedom of speech is not absolute.
4. Types of Contempt of Court (Under Contempt of Courts Act, 1971)
A. Civil Contempt (Section 2(b))
Definition:
Wilful disobedience of any judgment, decree, direction, order, writ, or wilful breach of an undertaking given to a court.
Essential Elements:
- Court order exists
- Knowledge of the order
- Wilful and deliberate disobedience
Examples:
- A party does not comply with a stay order
- Government authority ignores court directions
- Violation of an undertaking given to court
Example:
A court orders a landlord not to evict a tenant. The landlord forcibly evicts the tenant anyway → Civil Contempt
B. Criminal Contempt (Section 2(c))
Definition:
Criminal contempt includes any act which:
- Scandalises or lowers the authority of the court, or
- Prejudices or interferes with judicial proceedings, or
- Obstructs the administration of justice
Types of Criminal Contempt with Examples:
1. Scandalising the Court
- Making false, malicious, or derogatory statements against judges or courts.
Example:
Publishing a social media post alleging that a judge passed an order after taking bribe (without proof).
2. Interference with Judicial Proceedings
- Acts that influence the outcome of a pending case.
Example:
Publishing news articles declaring an accused guilty during trial.
3. Obstruction of Administration of Justice
- Preventing justice from being delivered.
Example:
Threatening a witness or judge, destroying evidence, or misbehaving inside courtroom.
5. Punishment for Contempt (Section 12)
- Simple imprisonment up to 6 months, or
- Fine up to ₹2,000, or
- Both
Court may discharge the contemnor if:
- Apology is bona fide and unconditional
6. Defences Available in Contempt Proceedings
- Truth (Section 13(b)) – if disclosure is in public interest
- Fair criticism of judicial acts
- Lack of wilful disobedience (in civil contempt)
- Apology – genuine and unconditional
Note: Apology must not be a defence strategy; it should be sincere.
7. Important Principles from Case Law (Brief)
- E.M. Sankaran Namboodripad v. T. Narayanan Nambiar
→ Criticism must not undermine judicial authority - Baradakanta Mishra v. Registrar of Orissa HC
→ Judges are open to criticism, but not contemptuous attacks - Prashant Bhushan Contempt Case (2020)
→ Social media criticism can amount to criminal contempt if it damages public confidence in judiciary
8. Purpose and Importance of Contempt Law
- Maintains rule of law
- Protects judicial independence
- Ensures effective administration of justice
- Prevents chaos and disrespect towards courts
Bottom line:
Contempt law is a shield for justice, not a sword for judges.
9. One-Line Summary (For Quick Revision)
Contempt of Court is a legal mechanism to punish acts that disrespect courts or obstruct justice, rooted in constitutional authority and governed by the Contempt of Courts Act, 1971, balancing judicial dignity with freedom of speech.
1. What is “Misuse of Contempt of Court”?
Misuse of contempt jurisdiction occurs when contempt proceedings are:
- Invoked not to protect the administration of justice, but
- Used as a tool of intimidation, vendetta, silencing criticism, or
- Used to cover up judicial or administrative errors.
Contempt is meant to be a shield for justice, not a weapon against dissent.
2. Common Ways Contempt Jurisdiction is Misused
(A) Silencing Fair Criticism
- Using contempt to suppress legitimate, fair, and reasoned criticism of judicial functioning.
Problem: Democracy requires accountability, even of courts.
Example:
A lawyer or journalist criticises delays or inconsistency in judgments with facts → contempt threatened.
(B) Personalising Judicial Authority
- Treating criticism of a judgment as an attack on the judge personally.
Law protects the institution, not individual ego.
(C) Harassment Through Contempt Petitions
- Filing contempt petitions:
- Without wilful disobedience
- For minor or technical non-compliance
- To pressurise the opposite party
Example:
Delay due to administrative reasons projected as “wilful disobedience”.
(D) Using Contempt as a Shortcut
- Instead of:
- Execution proceedings
- Appeal or review
Parties jump straight to contempt.
Courts have repeatedly said: Contempt is not a substitute for execution or appeal.
(E) Chilling Effect on Free Speech
- Broad or vague contempt action can create fear among:
- Advocates
- Journalists
- Academicians
- Litigants
This discourages public debate on judicial reforms.
3. Supreme Court’s Stand Against Misuse (Key Principles)
🔹 Contempt is an Exceptional Power
- To be used sparingly, cautiously, and only when necessary.
🔹 Judges Are Not Immune from Criticism
- Fair, reasonable, and bona fide criticism is protected under Article 19(1)(a).
🔹 Wilfulness is Mandatory (Civil Contempt)
- Mere non-compliance ≠ contempt
- It must be deliberate and intentional.
4. Important Judicial Observations (Summarised)
Baradakanta Mishra Case
Judges can be criticised, but not scandalised.
Brahma Prakash Sharma v. State of UP
Contempt power is not to protect the dignity of an individual judge, but the administration of justice.
S. Mulgaokar Case
Judges should not be hypersensitive; tolerance strengthens judiciary’s credibility.
Prashant Bhushan Case (2020) – Debate Trigger
- Brought national focus on:
- Limits of criticism
- Free speech vs contempt
- Need for reform
5. Safeguards Against Misuse of Contempt Law
(A) Truth as a Defence (Section 13, Contempt of Courts Act)
- If disclosure is:
- True
- In public interest
- Bona fide
(B) Requirement of Mens Rea
- Especially in civil contempt, intention matters.
(C) Apology Jurisprudence
- Apology must be:
- Genuine
- Voluntary
- Not a tactical escape
(D) Self-Restraint by Courts
- Supreme Court has stressed judicial tolerance.
Authority grows by restraint, not fear.
6. Is Contempt Law Itself Bad? ❌ No.
The real issue is overuse, not existence.
✔️ Necessary to:
- Protect courts from real obstruction
- Prevent mob justice
- Ensure compliance with orders
❌ Dangerous if:
- Used to silence dissent
- Used mechanically or emotionally
7. Need for Reform (Suggested by Legal Scholars)
- Clearer distinction between:
- Criticism vs Scandalising
- Narrower definition of criminal contempt
- Greater reliance on:
- Reasoned rebuttals
- Transparency
- Institutional confidence
8. One-Line Conclusion (Powerful)
Contempt of court becomes misuse when it shifts from protecting justice to protecting sensitivities, thereby weakening the very institution it seeks to defend.
REMEDIES AGAINST CONTEMPT OF COURT PROCEEDINGS
1. First Principle (Very Important)
Contempt jurisdiction is extraordinary
So the remedy depends on:
- Stage of proceedings, and
- Nature of contempt (civil / criminal)
There is no straight-jacket formula.
2. Remedies at the NOTICE STAGE (Most Important Stage)
(A) File a Detailed Reply / Affidavit
This is the primary and strongest remedy.
You can plead:
- ❌ No wilful disobedience (civil contempt)
- ❌ Order was ambiguous / impossible to comply
- ❌ Substantial compliance already done
- ❌ No intention to interfere with justice
- ✔️ Bona fide conduct
📌 Key point:
Contempt is not made out by mere non-compliance.
(B) Raise Preliminary Objections (Maintainability)
You can challenge:
- Lack of wilfulness
- Contempt used as execution / harassment
- Alternative remedies available (appeal / execution)
- Violation of natural justice (no notice, no hearing)
(C) Seek Discharge at Threshold
Courts have power to:
- Drop contempt proceedings if no prima facie case exists.
Ask court to close proceedings at notice stage itself.
3. Remedy During PENDENCY of Contempt Proceedings
(A) Purge of Contempt
If compliance is possible:
- Immediately comply with order
- File affidavit showing compliance
Courts prefer compliance over punishment.
(B) Tender Unconditional Apology (With Caution)
- Only if:
- Conduct was inadvertent
- No deliberate defiance
❌ Do NOT use apology as a routine escape tool.
(C) Seek Recall / Modification of Original Order
If contempt is based on:
- An unclear or impracticable order
File:
- Application for clarification / modification
- Inform contempt court about it
4. Remedy AGAINST AN ORDER PUNISHING FOR CONTEMPT
(A) Statutory Appeal – Section 19, Contempt of Courts Act, 1971
Where to Appeal?
| Order Passed By | Appeal Lies To |
| Single Judge of HC | Division Bench |
| Division Bench of HC | Supreme Court |
| Supreme Court | ❌ No appeal (only review/curative) |
📌 Appeal must be filed within limitation (normally 30–60 days).
(B) Grounds in Appeal
- No wilful disobedience proved
- Violation of natural justice
- Order beyond contempt jurisdiction
- Punishment disproportionate
- Contempt used as substitute for execution
5. Remedy When Contempt Order is PASSED WITHOUT NOTICE / HEARING
This is serious illegality.
Available Remedies:
- Recall Application before same court
- Appeal under Section 19
- Writ Petition (Articles 226 / 32) for violation of natural justice
- Transfer Petition (in rare cases of bias)
Supreme Court has repeatedly held:
No person can be punished for contempt without being heard.
6. Remedy Against MISUSE or MALAFIDE Contempt
(A) Seek Dismissal with Costs
- Argue:
- Contempt filed to harass
- No wilful intent
- Abuse of process
(B) Seek Initiation of Action Against False Contempt
- Courts can:
- Impose costs
- Warn complainant
7. Constitutional Remedies (Exceptional Cases)
(A) Article 226 / 32
Maintainable when:
- Contempt order violates:
- Fundamental rights
- Natural justice
- Jurisdictional limits
(B) Review / Curative Petition (Supreme Court)
- Only in rarest cases
- High threshold
8. Key Case-Law Principles (One-liners)
- No wilful disobedience = No civil contempt
- Contempt ≠ execution proceeding
- Judicial authority grows by restraint
- Fair criticism ≠ criminal contempt
- Natural justice is mandatory
9. Practical Strategy (What Actually Works)
✔️ First comply, if possible
✔️ File strong affidavit with documents
✔️ Avoid emotional arguments
✔️ Use apology only when genuine
✔️ Use appeal wisely—don’t rush
10. One-Line Summary (For Court)
Remedy against contempt lies in challenging its maintainability, disproving wilfulness, ensuring compliance, and, if punished, invoking statutory appeal under Section 19 or constitutional remedies for violation of natural justice.
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