Contempt of Courts

THE CONTEMPT OF COURTS ACT, 1971
PREAMBLE:
An Act to define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto.

BRIEF:
The laws relating to contempt in India trace their existence from the English Laws and Statutes just like all other laws in India. The Contempt of Courts Act, 1971 applies to the whole of India except to the State of J&K insofar as the offence is not related to the contempt of the Supreme Court of India.
According to the English Dictionary, ‘Contempt’ means: the offence of being disobedient to or disrespectful of a court of law and its officers. The Contempt of Courts Act, 1971 defines Contempt under Section 2 (a) as ‘any civil contempt or criminal contempt’. Further the Act defines Civil Contempt under Section 2 (b) and Criminal Contempt under Section 2 (c).

Thus, The Contempt of Courts Act, 1971 states 2 kinds of contempt:

1. Civil Contempt
2. Criminal Contempt

As per Section 2(b) Civil Contempt means ‘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’.
As per Section 2(c) Criminal Contempt means ‘the publication (whether by words, spoken or written, or by signs, or by visible representation, 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.’

Punishment Under The Contempt of Court Act
Section 12: Punishment for contempt of court.-

1. 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.

1. Notwithstanding anything contained in any other law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it.
2. Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.
3. Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
4. Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer.

Explanation.-For the purposes of sub-sections (4) and (5),-
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Provided that, nothing contained in this sub-section shall render any such person liable to punishment, if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.

Period of Limitation
Section 20 provides that no court shall initiate contempt proceedings either on its own notions or otherwise after the expiry of one year from the date on which contempt is alleged to have been committed. The period of limitation is applicable both in civil as well as criminal contempt. Contempt proceedings can be initiated either by filing an application or by the court itself suo moto.
In criminal contempt, contempt is alleged to have been committed the moment scandalization of court or interference with the administration of justice takes place. Consequently, the period of limitation immediately starts running. But, in case of civil contempt the period of limitation does not start from the date of the order. It starts running after expiry of period mentioned in the order after service of certified copy of the order upon the other side. If no time limit is mentioned in the order, the order should be complied within a reasonable period. The term “reasonable period” has been interpreted to be a period of three months from the date of service of certified copy.

Defences In Civil Contempt
A person charged with civil contempt of court can take the following defences-

1.  No knowledge of order
2. Disobedience or breach was not willful
3. Order disobeyed is vague or ambiguous
4. Order involves more than on reasonable interpretation.
5. Compliance of the order is impossible.
6. The order has been passed without jurisdiction.

Defences Against Criminal Contempt
1. Innocent publication and distribution of matter. S.3 deals with this defense.
2. Fair and accurate report of judicial proceedings as under S.4 of the Act.
3.  Fair criticism of judicial act. S.5 deals with this defense.
4. Bonafide complain against the presiding officer of a subordinate court. S.6 provides this defense.

1. Justification by truth. The amended S.13(2) provides that the Court may permit justification by truth as a valid defense in any proceeding for criminal contempt if it is satisfied that it is in public interest. Thus, truth is now a defense if it is in the public interest and bonafide.
2.  The statement complained of is open to different interpretations.
3. Defamation of the judge personally.

Remedy Against The Order of Punishment
Following remedies are available against the punishment order under Contempt of Court Act:
1. Apology
2. Appeal