Contempt of Court
Constitutional and Statutory Framework
The power to punish for contempt is both a constitutional and statutory right of Indian courts. Under the Constitution, Article 129 declares the Supreme Court a Court of Record with the power to punish for contempt of itself, and Article 215 grants the same power to High Courts. The Contempt of Courts Act, 1971 codifies contempt into two categories: Civil contempt (Section 2(b)) — wilful disobedience of any court order or wilful breach of an undertaking; and Criminal contempt (Section 2(c)) — publication or act that scandalises or lowers the authority of any court, or interferes with judicial proceedings. The Act was amended in 2006 to allow truth as a valid defence, provided the person was acting in public interest.
- Article 129: Supreme Court as Court of Record with contempt power
- Article 215: High Courts as Courts of Record with contempt power
- Article 142(2): SC may investigate and punish any person for contempt of itself
- Contempt of Courts Act, 1971: codifies civil and criminal contempt
- Section 12: Maximum punishment — 6 months imprisonment and/or fine up to Rs 2,000
- 2006 Amendment: truth as defence (if in public interest and bona fide)
- Landmark case: Prashant Bhushan v. Supreme Court of India (2020) — SC exercised criminal contempt power for tweets criticising judiciary
● Tracked since February 25, 2026 · last seen April 30, 2026 · updates as the daily brief publishes