Recently, highlighted in the news, the Supreme Court of India found the former promoters of Ranbaxy guilty of contempt of court for infringing its express order. This article examines the definition and nature of ‘contempt of court’, its types, related laws and the necessity for it.
Understanding ‘Contempt of Court’
While the Indian Constitution doesn’t define ‘contempt of court’, the Contempt of Courts Act 1971 provides an explanation. It describes contempt as an offence that demonstrates disrespect to the court’s authority or dignity. According to this act, contempt can be divided into two main categories: civil and criminal contempt.
Civil versus Criminal Contempt
Civil contempt is characterized by deliberate disobedience to any court’s verdict, direction, writ, order, or other procedures, or a willful violation of an undertaking presented to the court. On the other hand, criminal contempt involves any publication which may lower the court’s authority, interfere with the ongoing judicial proceeding, or obstruct the administration of justice. However, innocent distribution or publication of specific matters and reasonable criticism of judicial acts do not constitute contempt.
Decoding Contempt of Court Act,1971
Contempt of Court Act 1971 outlines the power of courts to punish contempt and govern their corresponding procedures. The Act underwent amendment in 2006 to incorporate the defence of truth under Section 13 of the original law. It implies that the court must accept justification by truth as a valid defence if it identifies it to be in public interest.
Punishments for Contempt of Court
Punishments for contempt of court can be given by the Supreme Court and high courts, with a maximum of six months’ simple imprisonment, a fine up to INR 2000, or both. Remarkably in 1991, the Supreme Court ruled that it has the authority to punish contempt not just of itself, but also of high courts, subordinate courts and tribunals across the country. Meanwhile, high courts have been granted special powers to punish contempt of subordinate courts.
Table: Facts Related to Contempt of Court
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| Fact | Description |
|---|---|
| Constitutional Background for Contempt | Article 129 and 142(2) grants the Supreme Court the power for contempt, while Article 215 extends this right to High Courts. |
| Freedom of Speech versus Contempt Provisions | While Article 19(1)(a) guarantees freedom of speech and expression, “contempt provisions” limit people’s liberty to criticise the court’s functioning. |
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Need for Contempt Law
The contempt jurisdiction primarily seeks to uphold the dignity and majesty of the judiciary. It enables judges to carry out their responsibilities of deciding cases without being influenced by fear, favouritism, affection or ill will. Despite its benefits, concerns over its subjective interpretation and potential misuse for silencing public criticism persist.
