Skip to main content

CONTEMPT OF COURT

CONTEMPT OF COURT



CONTEMPT OF COURT

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. A similar attitude towards a legislative body is termed contempt of Parliament or contempt of Congress.

There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order.

Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court.




SECTION 2(A) OF CONTEMPT OF COURTS ACT,1971

According to the Contempt of Court Act, 1971,contempt of court means showing disrespect for the dignity and rights of a court.

 

In case of India, under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal contempt, it is generally felt that the existing law relating to contempt of courts is somewhat uncertain, undefined and unsatisfactory. The jurisdiction to punish for contempt touches upon two important fundamental rights of the citizens, namely, the right to personal liberty and the right to freedom of expression. It was, therefore, considered advisable to have the entire law on the subject scrutinized by a special committee.

In pursuance of this, a committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then additional solicitor general. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtaining in our own country and various foreign countries. The recommendations, which the committee made, took note of the importance given to freedom of speech in the Constitution and of the need for safeguarding the status and dignity of courts and interests of administration of justice.

 

 

CIVIL CONTEMPT AND CRIMINAL CONTEMPT


CIVIL CONTEMPT

Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.


 CRIMINAL CONTEMPT

Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as 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) Scandalises or tends to scandalise, 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 obstructs the administration of justice in any other manner.

 

 

COURT TRIAL IN CONTEXT OF CONTEMPT OF COURT

When a court decides that an action constitutes contempt of court, it can issue an order that in the context of a court trial or hearing declares a person or organization to have disobeyed or been disrespectful of the court's authority, called "found" or "held" in contempt. That is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process.

A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material or non-disclosure of material, which in doing so is deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court, which makes contempt of court a process crime. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.

Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. This necessarily constitutes contempt of court.

Oswald defines contempt to be constituted by 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.

Halsbury defines contempt as consisting of words spoken or written which obstruct or tend to obstruct the administration of justice. Black Odgers enunciates that it is contempt of court to publish 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.


 


PURPOSE OF CONTEMPT JURISDICTION

That the purpose of contempt jurisdiction is to uphold the majesty and dignity of law courts and their image in the minds of the public is no way whittled down. If by contumacious words or writings the common man is led to lose his respect for the judge acting in the discharge of his judicial duties, then the confidence reposed in the courts is rudely shaken and the offender needs to be punished. In essence of law of contempt is the protector of the seat of justice more than the person sitting of the judge sitting in that seat.

 

 

 

HOW THIRD PARTY COMES IN THE PLAY OF CONTEMPT OF COURT?

A third party to the proceeding may be guilty of contempt of court if they have a part to play in the offence.


In LED Builders Pty Ltd v Eagles Homes Pty Ltd ([1999] FCA 1213) Lindgren J stated:
"It is not necessary to show that a person who has aided and abetted a contempt of court was served with the order breached. It is necessary to show only that the person sought to be made liable knew of the order."


 

 

LIMITATION
The Limitation period for actions of contempt has been discussed under Section 20 of the Contempt of Courts Act of 1971 and is a period of one year from the date on which the contempt is alleged to have been committed.

 

If a person challenges the court's jurisdiction, or tries to tarnish his / her reputation, or tries to defy his / her honor, or interrupts or disrupts the court action, then this criminal contest Is off court. Whether such action is done by writing or by speaking or by its gesture, all these actions will be within the scope of the court of courts. If such cases come to the notice of the court, then the court can take cognizance or when the matter comes to the notice of the court, then it issues notice to those who do so in such case.

 

The court issues notice to the accused of the court of convent and asks that what he has done is at first sight within the jurisdiction of the court of conventions, so why should not the action of the court of court be taken against him. The man presents his explanation in court. Sometimes he even seeks an unconditional apology and it is up to the court to accept the pardon or not. If the amnesty is accepted, then the case ends there, otherwise action begins in the case. In the High Court, public prosecutor Karan Singh says that if a person has disobeyed the court by standing in the court or by his gesture or statement or in any way tries to degrade the honor of the court or try to bring down the prestige. If done, the case is referred for the action of the court of convent. If such action is done in the lower court, then the lower court refers the written court in the case to the High Court for the action of the convent of court. If a court has acted to tarnish honor or prestige or for scandalization and a third party comes to know about it, then he can bring this matter before the court.

 

In such a case, under Section 15 of the Concept of Court, first the Advocate General has to be referred and after his recommendation the matter is brought before the court. After being satisfied with the facts presented during the hearing, the High Court or Supreme Court issues notice to the accused asking why action should not be taken by the Criminal Conception of Court. After the hearing of the case, if a person is found guilty for the Conception of Court, then there is a provision of a maximum sentence of 4 months of imprisonment or fine up to Rs 2,000 or both.

 

 

PROVISION OF PENALTY FOR CONTEMPT OF COURT

The Supreme Court and the High Court have the power to punish for contempt of court. This penalty can be a simple imprisonment of six months or a fine of up to Rs 2000 or both.

In 1991, the Supreme Court ruled that it had the power to punish not only himself but also in contempt cases of High Courts, Subordinate Courts and Tribunals all over the country.

The High Courts have been empowered to punish for contempt of subordinate courts under Section 10 of the Contempt of Courts Act, 1971.



Constitutional Background:

Article 129: empowers the Supreme Court to punish for contempt of its own.

Article 142 (2): This Article enables the Supreme Court to investigate and punish any person charged with contempt.

Article 215: Enables the High Courts to be punished for contempt of their own.

Other issues related to contempt:

Article 19 of the Constitution provides freedom of speech and speech to every citizen of India but the Contempt of Courts Act, 1971 has curbed the talk of the court's functioning.

The law is very subjective, so the penalty of contempt can be used by the court to suppress the voice of the person who criticizes it.

 


Comments

Popular posts from this blog

SkymoviesHD 2021 – Free Download Bollywood, Hollywood Movies

  What is  "  Skymovieshd"? Skymovies is a piraded movie download website that allows to download and watch high quality movies in Hindi. The Skymovies site offers 3GP, MP4, HD MP4 mobile movies, HD Avi movies, TV show.  SkymoviesHD New Links 2020: The movie is available to download in the following format on SkymoviesHD 360p 480p 720p 1080p HDRip Bluray DVDScr DVDrip skymovies.in skymovies.live sky.co.nz skymovies.com sky-movies.in skymovies.org skymovies.hd skymovies.con skymovies.new skymovies.south skymovies.arg skymovies.in Best Torrent Proxy Skymovies every website close it by gov, the proxy site is also very popular to open it. Through these websites you can open any download website and can download movies and series easily.  Unblock Source Link is the   most popular. Their efforts to control  skymoviesHd   are in vain , despite much efforts by government and officers  .  Currently  lakhs of people are using  websites  like  skymov

MKV Movies- MKVCinemas Free Bollywood Movie Download Hollywood In 300MB

Mkvcinema, mkv movies, mkvcinemas, mkvcinema, mkv movie, mkv cinemas, mkv cinema, mkv movies download, mkvcinema    in, mkv movies hollywood  Everyone loves to watch movies and if they get it for free, then everyone definitely makes it Would like to download. Today we will learn about the subject of one such free movie downloading site through this article. The site is named  mkvcinemas.nl  . I think you must have heard about this website before. So I thought why not give you complete information about  mkvcinemas  movies. As a user, you need to know what  mkvcinemas hollywood  is and how it works. With this, you will learn in this article whether the South's secure site is  mkvcinemas  . So let's start without delay. If you too are reading this post then it means that you also want to download  mkvcinemas 2020  latest URL and  mkvcinemas  latest domain and  mkvcinemas  latest songs. You are probably also worried about the fact that the link which used to work

6 movies coming to OTT in theaters and 4 films released this week

  We grew up watching movies every single weekend in theaters of single weekends. Today, with the rise of multi-screen franchises and OTT platforms, we are spoiled for choice. From new releases to old classics, we can like to watch whatever we want, whenever we want. And yet, online streaming also does not compare to theatrical experience. Whether you love the experience of watching a gorgeous movie in theaters or browsing from the comfort of your couch, there is something new to see every day. What is your collection for this week: Godzilla vs Kang language English Release Date: March 26, 2021 Playing in theaters This fantasy action drama brings two scary monsters Godzilla and Kong face to face. As demons fight it out in battles of grand proportions, humanity must find a way to save and secure its future. Haathi Mere Saathi Language: Hindi (Aranya - Telugu, Kadan - Tamil) Release Date: 24 March 2021 Playing in theaters Released as 'Aranya in Telugu' and 'Kaadan in Tamil