Assignment
on
“Contempt of Court”
Submitted to :
DR. RAM GOPAL
NAME: MUKUL PRATAP SINGH
SUBJECT: PROFESSIONAL ETHICS
COURSE: LLB. HONS 1ST YEAR FIRST SEMESTER
ROLL NO: 20491
COLLEGE : CENTRE FOR PROFESSIONAL AND ALLIED STUDIES, GURUGRAM
UNIVERSITY- MAHARISHI DAYANAND UNIVERSITY ROHTAK
INDEX
Content Page
1. Meaning 1
2. Contempt of Court –
Position Under the Constitution 1-2
3. The Contempt of Courts Act,1971 2-3
4. Salient Features 3-4
5. Punishment under Contempt of court 4
6. Essential 5
7. Cognizance of criminal contempt 5-6
8. Appeal 7-8
9. Some Cases 9-10
Contempt of Court - Meaning
Anything that curtails or impairs the freedom of limits of the
judicial proceedings
Any conduct that tends to bring the authority and
administration of Law into disrespect or disregard or to
interfere with or prejudice parties or their witnesses during
litigation.
Consisting of words spoken or written which obstruct or
tend to obstruct the administration of justice
Publishing words which tend to bring the administration of
Justice into contempt, to prejudice the fair trial of any cause
or matter which is the subject of Civil or Criminal proceeding
or in anyway to obstruct the cause of Justice.
Contempt of Court – Position Under the
Constitution
Constitution of India -Art. 129 :Supreme Court to be a court
of record.—The Supreme Court 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.
Art.215: High Courts to be courts of record.—Every High
Court 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.
Art.144:Civil and judicial authorities to act in aid of the
Supreme Court.—All authorities, civil and judicial, in the
territory of India shall act in aid of the Supreme Court.
Art.141. Law declared by Supreme Court to be binding on
all courts.— The law declared by the Supreme Court shall be
binding on all courts within the territory of India.
142. Enforcement of decrees and orders of Supreme Court
and orders as to discovery, etc.— (1) The Supreme Court in
the exercise of its jurisdiction may pass such decree or make
such order as is necessary for doing complete justice in any
cause or matter pending before it, and any decree so passed
or order so made shall be enforceable throughout the
territory of India in such manner as may be prescribed by or
under any law made by Parliament and, until provision in that
behalf is so made, in such manner as the President may by
order prescribe.
Art.261. (1) Full faith and credit shall be given throughout
the territory of India to public acts, records and judicial
proceedings of the Union and of every State.
The Contempt of Courts Act,1971
Objective: To define & limit powers of certain courts in
punishing contempt of courts & to uphold the majesty and
dignity of law courts and their image in the minds of the
public is no way whittled down.
Contempt of court " - civil contempt or criminal contempt.
Civil contempt " - willful disobedience to any judgment,
decree, direction, order, writ or other process of a court or
willful breach of an undertaking given to a court ; [Sec. 2 (b)]
Criminal contempt " - 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-
(i) scandalizes or tends to scandalize, 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 interfere with, or obstructs or tends
to obstruct, the
administration of justice in any other manner ; [Sec. 2 (c)]
The Contempt of Courts Act,1971-Salient
Features
Innocent publication and distribution of matter - not
contempt (Sec.3)
Fair and accurate report of judicial proceeding - not
contempt (Sec 4)
Fair criticism of judicial act - not contempt(Sec.5)
Complaint against presiding officers of subordinate
courts when not contempt- in respect of any statement made
by him in good faith (Sec.6)
Publication of information relating to proceedings in
chambers or in camera - not contempt except in certain
cases (Sec 7 )
Act not to imply enlargement of scope of contempt (Sec
9.)- Due regard to Constitutional Provisions
Punishment for Contempt of Courts
Power of High Court to try offences committed or
offenders found outside jurisdiction (Sec.11)
Punishment for contempt of court
Save as otherwise expressly provided in this Act or in any
other law, 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.
Explanation.-An apology shall not be rejected merely on
the ground that it is qualified or conditional if the accused
makes it bona fide. [Sec.12]
Essentials of civil contempt of court
1. the making of a valid court order,
2. knowledge of the order by respondent,
3. ability of the respondent to render
compliance, and
4. willful disobedience of the order.
Limitation period for initiating contempt
proceedings
The Limitation period for actions of contempt is a period
of one year from the date on which the contempt is alleged to
have been committed [u/S. 20 of the Act ]
Cognizance of criminal contempt in other cases
Cognizance of criminal contempt in other cases. –
(1) In the case of a criminal contempt, other than a contempt
referred to in section 14, the Supreme Court or the High
Court may take action on its own motion or on a motion
made by-
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the
Advocate
General
(2) In the case of any criminal contempt of a subordinate
court, the High Court may take action on a reference made to
it by the subordinate court or on a motion made by the
Advocate-General or, in relation to a Union territory, by such
Law Officer as the Central Government may, by notification
in the Official Gazette, specify in this behalf. [Sec.15]
Procedure after cognizance
Procedure after cognizance.
(1) Notice of every proceeding under section 15 shall be
served personally on the person charged, unless the court
for reasons to be recorded directs otherwise [Sec.17]
Procedure to decide Contempt of Court
Hearing of cases of criminal contempt to be by Benches.
(1) Every case of criminal contempt under section 15 shall be
heard and determined by a Bench of not less than two
Judges. [Sec 18 ]
Appeals.
An appeal shall lie as of right from any
order or decision of High Court in the
exercise of its jurisdiction to punish for
contempt-
(a) where the order or decision is that of a single
Judge, to a Bench of not less than two Judges
of the Court ;
(b) where the order or decision is that of a Bench,
to the Supreme Court : [Sec. 19]
Limitation for Appeal
An appeal under sub-section (1) shall be filed-
(a) in the case of an appeal to a Bench of the High Court,
within thirty days ;
(b) in the case of an appeal to the Supreme Court, within
sixty days, from the date of the order appealed
against. [Sec 19 (4)
Contempt of Courts- Some Case
studies
1) M.B. SANGHI, ADVOCATE v. HIGH COURT OF
PUNJAB AND HARYANA [AIR 1991 SC 1834:1991( 3
)SCC 600] -Unable to secure an ad-interim stay in
favour of his client, the appellant, a practicing
Advocate, uttered certain words imputing motives
to the Sub-Judge in refusing to grant the stay.- Had
the effect of scandalizing the Court and impairing
confidence of public in Court--Hence guilty of
contempt Apology-Tendering of--Not to serve as
mere defense against rigors of law- Should reflect
remorse and contrition of contemnor- Tendering
'unqualified apology' in case Court finds him guilty-
-Not sincere-Contemnor addicted to use of
contemptuous language against Judges and
tendering apology--Apology used merely a device
to escape--Not to be accepted--Use of contempt
jurisdiction against erring members of legal
profession- Courts are slow in the hope that Bar
Councils will take care to maintain ethical norms-
Decline in ethical values in the profession-Arrest of-
Timely action by Bar Councils- Need for -held- “It is
well-settled that an apology is not a weapon of
defence to purge the guilty of their offence; nor is it
intended to operate as a universal panacea, but it is
intended to be evidence of real contriteness.”
2) DELHI JUDICIAL SERVICE ASSOCIATION Vs. STATE OF GUJARAT [AIR
1991 SC 2176 :1991 SCC (4) 406] Chief Judicial Magistrate, Nadiad,
Gujarat--Assaulted, arrested on flimsy grounds, handcuffed, tied with
rope, photographs taken and published by Police Officers--Held
constituted clear case of criminal contempt--Contemnors-
punishment--Quantum of punishment determined according to
degree and extent of part played by each contemnor--Guidelines laid
down by Supreme Court in case of arrest and detention of a Judicial
Officer--To be followed by State Governments as well as High Courts--
Judicial Officer not to visit Police Station—Except in connection with
official and judicial duties and with prior intimation to District and
Sessions Judge.
4) DELHI DEVELOPMENT AUTHORITY Vs. SKIPPER
CONSTRUCTION [1995 SCC (3) 507]
Respondents violating directions of Court- Also filing suit
in High Court in respect of same subject matter regarding
which their special leave petition had been dismissed -Suo
Motu notice to respondents by Court-Contemnors tendering
apology-Held, respondents' actions amounted to Contempt
of Court- Apology is not a weapon of defense forged to purge
guilt of offences -Contemnors sentenced to simple
imprisonment-However, sentence deferred subject to
conditions.
HELD –“ Abuse of the process of court calculated to
hamper the due course of judicial proceeding or the orderly
administration of justice is a contempt of court.”
