Contempt of court

Contempt of court

Contempt means to disrespect, insulting, harming dignity or ignoring . Here contempt of court means disrespecting courts. In India most of the offence have certain punishment or fine but what was the mean of such laws if no one adhere to them. They were of no use if no one accepts them . In order to make laws implacable an act is needed and that act is contempt of court act 1971 this act was introduced to protect dignity of courts and make its orders and judgements valuable. This act contains meaning of contempt of court its definition , difference among contempt and fair criticism and innocent publication, Powers of court to punish for its contempt, defences to contempt, punishment for contempt of court , some exception to contempt, types of contempt and many other issues related to contempt.

This act is applicable throughout the country .

 

Types of contempt

There are two types of contempt:-

1. Civil contempt

Fair criticism of judicial act not contempt.—A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided. —A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decidedWilfully ignoring, disobeying or neglecting any judgement, order or decree of court or to breach any law comes under civil contempt.

For example :- court charged a fine of 10,000 on A but A deny to compensate in this case this is a civil contempt of court.

Or if a judge directs a police officer to arrest an accused but police officer refused to do so , this is also a civil contempt.

 

2. Criminal contempt

Criminal contempt means publish a disrespectful statement (in verbal or written form) for court or any judicial authority which harm the dignity of court ot interrupt court in proceedings or interfere in administration of justice.

For example :- A post a disrespectful feed on his Instagram which tends to insult judiciary then this is a criminal contempt or someone start making noise in courtroom to interrupt the proceedings then this is also criminal contempt.

 

Innocent Publication

Fair criticism of judicial act not contempt.—A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided. —A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.”

Fair and accurate report of judicial proceeding not contempt .A person shall not be guilty of contempt of court in respect of any statement made by him in good faith

 

Power of High Court to punish contempts of subordinate courts

Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt li jkof courts subordinate to it as it has and exercises in respect of contempt of itself: —Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempt of itself, Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).

Punishment to contempt

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.

Contempt by Judge, Magistrate or other person acting judicially

a Judge, Magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable .

 

No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. Act not to apply to Nyaya Panchayats or other village courts.

 

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