Contempt of Court

Contempt of court means disobeying a court's order or disrespecting a court in a way that harms the justice system. The power to punish for contempt lets courts make sure their orders are actually followed and that people trust the courts. In India, the Supreme Court and High Courts get this power from the Constitution (Articles 129 and 215), and the details are in the Contempt of Courts Act, 1971.

Why does it exist?

A court's order is only useful if people obey it. Imagine a referee in a cricket match whose decisions nobody follows: the game would collapse. In the same way, if the government or a person could ignore a court's order without any result, the rule of law would fail. Contempt power is the court's tool to say "follow my order, or face a penalty". It also protects ongoing cases from being unfairly influenced.

Where did it come from?

• The idea comes from English common law, where courts have long punished contempt.
• Article 129 (1950): the Supreme Court is a court of record with all its powers, including the power to punish for contempt of itself.
• Article 215: gives the same status and power to every High Court.
• Article 142(2): subject to any law made by Parliament, the Supreme Court can punish for contempt of itself.
• Article 19(2): contempt of court is one of the grounds on which free speech can be restricted.
• 1961 to 1963: A committee headed by H.N. Sanyal studied the law and reported in 1963.
• 1971: Parliament passed the Contempt of Courts Act, 1971, based on its recommendations.
• 2006: An amendment allowed truth as a defence and limited punishment to serious cases.

What are the two types of contempt?

1. Civil contempt (Section 2(b)): wilful disobedience of a court's judgment, decree, direction, order, writ or other process, or wilful breach of an undertaking given to a court. Example: a government department deliberately ignores a court order to release a person or to open a road.
2. Criminal contempt (Section 2(c)): publishing anything or doing any act that
3. scandalises or lowers the authority of a court, or
4. prejudices or interferes with a pending case, or
5. obstructs the administration of justice in any other way.

The key word in civil contempt is "wilful": the disobedience must be deliberate. If an order was genuinely impossible to follow, or was unclear, it is usually not contempt.

How does a contempt case work?

1. Starting the case: The court can act on its own (suo motu), or a party can file a contempt petition. For criminal contempt outside the courtroom, a private person needs the consent of the Attorney General or Solicitor General (for the Supreme Court) or the Advocate General (for a High Court) (Section 15).
2. Notice: The court issues notice to the alleged contemnor (the person accused of contempt) and asks for a reply.
3. Compliance report: In civil contempt, the court often asks the authority to show what it has done to follow the order. If the order is obeyed, the matter is often closed.
4. Hearing and decision: The court hears both sides. It can accept an apology and drop the case, or punish.

What is the punishment? (Section 12)

• Simple imprisonment of up to six months, or a fine of up to ₹2,000, or both.
• The court may discharge the contemnor or remit the punishment if a genuine apology is made.
• When a company or government body is guilty, the responsible officers can be punished.

Defences and limits under the Act

• Section 3: innocent publication (not knowing a case was pending) is not contempt.
• Section 4: fair and accurate reporting of court proceedings is not contempt.
• Section 5: fair criticism of a judicial act after a case is decided is not contempt.
• Section 13 (as amended in 2006): no punishment unless the contempt substantially interferes with justice; the court may allow truth as a defence if it is in the public interest and made in good faith.
• Section 20: no contempt proceedings can be started after one year from the date of the alleged contempt.

Key cases to know

• Delhi Judicial Service Association v. State of Gujarat (1991): The Supreme Court's contempt power under Article 129 also covers contempt of subordinate courts in India.
• Supreme Court Bar Association v. Union of India (1998): In contempt cases, the Court cannot suspend a lawyer's licence to practise; that is the job of the Bar Council. Contempt power under Article 129 and 142 cannot override the Act's limits on punishment in that way.
• In re Arundhati Roy (2002): The writer was sentenced to one day's symbolic imprisonment and a fine of ₹2,000 for criminal contempt.
• In re Prashant Bhushan (2020): A senior lawyer was held guilty of criminal contempt for social media posts about the judiciary and fined ₹1.

India's position

Contempt petitions are common in India, especially civil contempt cases against government departments that delay following court orders. Contempt power is the main way courts make the executive comply with their directions.

Commonly confused concepts

• Civil vs criminal contempt: Civil = wilful disobedience of an order or undertaking. Criminal = scandalising the court, interfering with a case, or obstructing justice.
• Article 129 vs Article 215: Article 129 is for the Supreme Court; Article 215 is for High Courts.
• Contempt of court vs breach of privilege: Contempt protects courts. Breach of privilege (Articles 105 and 194) protects Parliament and state legislatures.
• Contempt vs criticism: Fair criticism of a judgment, after the case is over, is allowed. Attacks that lower the court's authority or attribute bad motives to judges may be contempt.
• Contempt petition vs review petition: A contempt petition says "my order is being disobeyed". A review petition (Article 137) asks the court to reconsider its own judgment.

Issues, criticism and the way forward

• Vague "scandalising" offence: Critics argue that this category is unclear and can chill free speech. The UK abolished "scandalising the court" as an offence in 2013. In 2018, the Law Commission of India (274th Report) advised keeping the 1971 Act as it is, noting the high number of contempt cases and the need to protect court authority.
• Judge in own cause: The same court that is "offended" decides the case. Some suggest that another bench should hear such matters.
• Non-compliance by governments: Many civil contempt cases are about government departments ignoring orders. Better monitoring of court orders inside government is suggested.
• Way forward: Use contempt power sparingly and for serious defiance, clearly define criminal contempt, and set up systems in government to track and follow court orders on time.

Concepts to Know

• Court of record: A court whose judgments are kept as permanent records, can be cited as precedent, and which has the power to punish for contempt of itself.
• Contemnor: The person accused or found guilty of contempt of court.
• Suo motu: Latin for "on its own motion". When a court starts a case by itself, without anyone filing a petition.
• Undertaking: A formal promise given to a court, for example by a government lawyer. Breaking it can be civil contempt.
• Attorney General and Solicitor General: The top law officers of the Union government. The Attorney General (Article 76) is the highest; the Solicitor General assists them.