CONTEMPT MATTERS IN THE SUPREME COURT OF INDIA
Contempt of court is a legitimate infringement submitted by a person who disobeys a judge or in any case disturbs the lawful cycle in the court. Contempt of court often alluded to just as "contempt", is the offense of being insubordinate to or impolite toward a courtroom and its officials as conduct that goes against or resists the power, equity, and nobility of the court. A similar attitude towards an authoritative body is named contempt of Parliament or hatred of Congress. The action word for "to commit contempt" is disdain (as in "to contempt a court request") and an individual liable of this is a contemnor.
§ Statutory Basis:
o When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression under Article 19 (2) of the Constitution of India.
o Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts.
o The Contempt of Courts Act, 1971, gives statutory backing to the idea.
§ Kinds of Contempt of Court:
o Civil Contempt: It is the 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.
o Criminal Contempt: It is the publication of any matter or the doing of any other act which scandalises or lowers the authority of any court, or interferes with the due course of any judicial proceeding, or obstructs the administration of justice in any other manner.
§ Punishment:
The Contempt of Court Act of 1971 punishes the guilty with imprisonment that may extend to six months or fine of Rs 2,000 or both.
· It was amended in 2006 to include “truth and good faith” as a defence.
It was added that the court may impose punishments only if the act of the other person substantially interferes, or tends to interfere with the due course of justice.