CONTEMPT OF COURT : ITS MEANING AND NATURE

1. INTRODUCTION

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.

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.

The recommendations of the committee have been generally accepted by the government
after considering the view expressed on those recommendations by the state

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governments, union territory administrations, the Supreme Court, the high courts and the
judicial commissioners.1

In C.K. Daphtary v. O.P. Gupta2, the respondent published and circulated a booklet in
public purporting to ascribe bias and dishonesty to Justice Shah while acting in his
judicial capacity. Mr C.K. Daphtary, along with others, filed a petition alleging that the
booklet has scandalised the judges who participated in the decision and brought into
contempt the authority of the highest court of the land and thus weakened the confidence
of the people in it. The Supreme Court, in examining the scope of the contempt of court,
laid down that the test in each case is whether the impugned publication is a mere
defamatory attack on the judge or whether it will interfere with the due course of justice
or the proper administration of law by the court.

In Re Ajay Kumar Pandey case the Supreme Court held that advocate using intemperate
language against various judicial officers and attributing motives to them while
discharging there judicial function would be held guilty of contemptof court. In this case
such advocate was sentenced or punished to 4 months simple imprisonment and fine of
rupees 1000/-.

In Courts on its Own Motion v. N.S. Kumar3, it was held that usually the order should be
served on the person against whomit has been passed. However, where it is proved to the
satisfaction of the Court that the person against whom the order was passed had actual
knowledge of the order, he cannot escape liability for contempt on the ground that the
copy of the Order has not been formally served on him. Once an order is made by the
Court and a person is charged with the allegation of non-compliance of that order, he
cannot plead that he was waiting for instruction to comply with the Court's order can
possibly contend that he is to seek instructions from his superiors before he could carry
out his obligation of complying with the Court's order.

1
http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html
2
1 SCC 626 (1971)
3
1995 Cr LJ 1261

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2. HISTORY OF CONTEMPT OF COURT

The term contempt of court which is also know as Contemptus Curiae has been in use
since centuries and it is old as the law is. The law relating to contempt of court has
developed over the centuries as the medium whereby the courts may punish the act of
humiliating or lowering the court’s dignity. In ancient times king was regarded as the
fountain of justice and he used to hear the cases himself. His power was absolute and the
subjects (common people) obey him with due respect. If anyone condemn or criticise him
then he will be punished. With time, due to the increase in number of cases the burden on
the king was shifted to a separate body created by the king and i.e. Judges.

In the twelfth century, the idea of contempt of the king was considered as an offence and
it was laid down in the laws during that time.

This concept in India has its origin from British Administration in India. This originated
from an undelivered judgement of J Wilmot in 1765, where all the judges said the power
of contempt of court was necessary to maintain the dignity of judges and vindicate their
authority. In Surendranath Banerjee’s case4, privy council observed that “ …a high court
derives its power to punish for contempt from its own existence or creations. It is not a
power, conferred upon it by law”. In 1926, the Contempt of court Act was passed to bring
transparency in the concept of contempt of court and to punish for the contempt of
subordinate courts.”

But this Act did not contain any provisions regarding the contempt of courts lower to
Cheif Courts and Judicial Commissioner’s court. Therefore it was replaced by Contempt
of Court Act, 1952.But the Act of 1952 was again replaced by Contempt of Court Act,
1971 on the recommendations of the committee headed by H. N Sanyal.5 This was done
because of the dissatisfactory, uncertain and undefined nature of Contempt of Court Act,
1952.

4
ILR 10 Cal 109
5
In 1962 a Committee headed by H.N. Sanyal, the then Solicitor General of India, was appointed by the
Government of India to review and suggest modifications in the law of contempt of court. The Committee
in its report stated the summary jurisdiction to punish for contempt of court

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Contempt of Court Act, 1971 was passed in a very pragmatic way and it actually
beautified the idea of justice. This act mentioned all the provisions to punish whomsoever
hinder the path of the judiciary

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3. DEFINITION OF ‘CONTEMPT’

Contempt in its simple literal meaning is disgrace, scorn or disobedience.6 Contempt in

its legal conception means disrespect to that which is entitled to legal regard. 7 The
difficulty and vagueness start at the definition stage itself. It is infact the feeling of a
person towards another person or thing that he considers despicable. The contempt is
disrespect to the court or legislative body or the persons connected with courts or parties
to the proceedings or legislative body.8 The expression „contempt of court‟ has been “a
recognised phrase in English law from the 12th century”.9 If administration of justice has
to be effective, respect for its administration has to be fostered and maintained and it is
out of rules framed by court in this behalf that the law of contempt has grown. From
rudimentary rules devised for the limited purpose of securing obedience to the orders of
courts, there evolved in the course of time elaborate and far reaching doctrines and
extraordinary procedures. Right till the present century, these doctrines and procedures
were never subjected to legislative scrutiny with the result that the law of contempt had,
as it were, a wild growth. Each new precedent was not declaratory but creative of law.
Each new type of attack on the administration of justice received a corresponding
elaboration or extension of the contempt law.

As Craies has said, “the ingenuity of the judges and of those who are concerned to defeat
or defy justice has rendered contempt almost protean in its character”. An even now it
may well be said the categories of contempt are not closed. The result is that there are
contempts and contempts ranging from mere disobedience to orders of court and
involving only a wrong of a private nature as between the parties to a suit at one end and
contempts involving physical violence or large-scale blackmail or mudslinging by means
of publication on the judge at other end. Contempt of court may include conduct, which
while, it cannot influence the judges‟ mind is calculated to effect the conduct of parties to
proceedings e.g. by causing them to discontinue or compromise existing actions or to
abstain from commencing actions in which they are entitled to succeed. In view of the
6
Tekchand J., The Law of Contempt of Court and of Legislature (4th ed., 1997), The University Book
Agency, Allahabad
7
In re Kaluram, AIR 1966 M.P. 342 at P. 344
8
R.vs Williams Thomas Shipping Co. Ltd. (1930) 2 ch. 368
9
Fox, “History of Contempt of Court” 1927 at P.1

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haphazard development inherent in the process of development of law by judicial

precedent; it is not possible to attempt neat and clear cut classifications of the various
branches of the law of contempt and, in view of the possibility of new types of contempt
arising in future, it is not possible to demarcate the area of operation of the law of
contempt. It is for these reasons that judges and jurists have not succeeded in formulating
a comprehensive and complete definition of the concepts of contempt of courts.

The definition of ‘contempt’ cannot be exhaustive. The fortiori what is contumacious is

for the court to decide. Its discretion cannot be confined within the four walls of a
definition. 10 In the words of one of our own judges, it is indeed difficult and almost
impossible to frame a comprehensive and complete definition of contempt of court. The
law of contempt covers the whole field of litigation itself. The real end of judicial
proceeding, civil or criminal, is to ascertain the true facts and dispense justice. Anything
that tends to curtail or impair the freedom of the limbs of judicial proceeding must of
necessity result in hampering the due administration of law and in interfering with the
course of justice.11

Contempt of court is not defined anywhere with precision. To quote Oswald’s Contempt
of courts:

“Contempt of court is so manifold in its aspects that it is difficult to lay down any exact
definition of the offence.12 As it appears from the old cases, the term ‘Contempt’ in its
legal acceptance, primarily signifies disrespect to that which is entitled to legal regard;
but as a wrong purely moral or affecting an object not possessing a legal status, it has in
the eyes of the law, no existence. In its origin, all legal contempt will be found to consist
in an offence more or less direct against the sovereign himself, as the fountain- head of
law and justice or against his Palace, where justice was administered.”13

Further he says:

10
Ahmed Ali vs. Superintendent, District Jail, Tezpur, 1987 Cr.L.J. 1845 (Gau.)
11
Sanyal Committee Report (1963), Chapter-IV, Para 1.
12
Miller Vs. Knox, (1878) Bing N.C. 574, at p.589,Per William J.
13
Oswald‟s, Contempt of Courts 3 rd ed. P.1

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It is not that it was not possible to define, but the definition cannot be exhaustive.
Contempt of court may be said to be constituted by any conduct that tends to bring the
authority and administration of the law into disrespect or disregard, or to interfere with
or prejudice parties, litigant or their witnesses during the litigation. The court may be
scandalised or humiliated in a number of ways sometimes intentionally, sometimes
unknowingly. Hence, except for general guidelines, no exhaustive definition has been
attempted; judicial decisions are the only guide in deciding the question, as to whether
the act complained of amounts to “contempt of court”.

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4. MEANING AND NATURE (CONTEMPT OF COURT)

It is very difficult to define the concept of ‘contempt of court’. What would offend the
dignity of the court and lower the court’s prestige is a matter for the court to determine
and it cannot be confined within the four walls of a definition. The Contempt of Court
Act, 1971 defined contempt of court for the first time. There is no statutory definition of
contempt of court. Whatever definition is provided under this act is not a definition but
only classification of the term contempt of court. Contempt of court in general means,
“To offend the dignity of the court and lower the prestige of the 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. In Halsbury laws of England, it is
defined as follow “Any act done or writing published which is calculated to bring a court
or judge into contempt or lower his authority or to interfere with the due course of justice
or the lawful process of the court is contempt of court”.

As per Corpus Juris Secondum, Contempt of court is disobedience to court by acting in

opposition to the authority, justice and dignity thereof. It signifies a willful disregard or
disobedience of courts order. It also signifies such conduct as tends to bring the authority
of the court and the administration of law into disrespect.

For the concept of Contempt of Court, the Contempt of Court Act, 1971 was passed
which dealt with such a concept. Article 129 and 215 of the Constitution of India
empowers the Supreme Court and High Court respectively to punish people for their
respective contempt. Section 10 of The Contempt of Courts Act of 1971 defines the
power of the High Court to punish contempts of its subordinate courts. Power to punish
for contempt of court under Articles 129 and 215 is not subject to Article 19(1)(a).

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Essentials for Contempt of Court

The elements generally needed to establish a contempt are:

 The making of a valid court order,

 Knowledge of the order by respondent,
 Ability of the respondent to render compliance, and
 Wilful disobedience of the order.

Types of Contempt of Court

According to Lord Hardwick, there is a three-fold classification of Contempt:

Scandalizing the court itself.

Abusing parties who are concerned in the cause, in the presence of court.
Prejudicing the public before the cause is heard.

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5. CLASSIFICATION OF CONTEMPT OF COURT

According to Section 2(a) of the Contempt of Court Act, 1971, contempt of court means
civil contempt or criminal contempt. Section 2(b) of the Act, defines “Civil Contempt” as
willful disobedience to any judgment, decree, direction, order, writ or other process of a
court or willful breach of an undertaking given to a court. Section 2(c) of the Act, defines
“Criminal Contempt” as the publication (whether by words spoken or written or by signs
or by visible representations or otherwise) of any matter or the doing of any act
whatsoever which –

(i) Scandalizes or tends to scandalize or lower 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 obstruct, the
administration of justice in any other manner.

The above definition contained in the Contempt of Court Act, 1971, is not exhaustive. It
merely indicates that the contempt may be civil contempt or criminal contempt. It is thus
better to leave it to the court to deal with each case as it comes and a right of appeal under
Section 19 of Section the Contempt of Court Act, 1971, in all cases of contempt will cure
whatever defect there may be in the application of the law.

There are several instances of the misconduct such as using insulting language against the
judge, suppressing the facts to obtain favorable order, imputation of partiality and
unfairness against the judge. A council who advices his client to disobey the order of
court is also held liable for contempt of court. Attacking the judiciary in the bar council
election is taken as contempt of court. If the council refuses to answer the question of the
court is also liable for contempt of court.

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The Contempt of Courts Act, 1971 divides the expression ‘contempt of court’ into two
different categories:

1. Civil Contempt

2. Criminal Contempt

Civil Contempt

Under Section 2(b) of the The Contempt of Court Act, 1971 ‘ civil contempt’ is defined
to mean wilful disobedience to any judgement, decree, order, direction or any other
process of court or wilful breach of an undertaking given to the court.

Criminal Contempt

Section 2(c) of The Contempt of Courts Act,1971 defines Criminal contempt. Criminal
contempt means 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 -

1. Scandalizes or tends to scandalize, of lowers or tends to lower the authority of any

court, or

2. Prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding or

3. Interferes or tends to interfere with, or obstructs or tends to obstruct , the

administration of justice in any other manner.

The difference between the two types of the above cases was clearly held by the
Allahabad Court in Vijay Pratap Singh Vs. Ajit Prasad.14 It was held that a distinction
between a civil contempt and criminal contempt seems to be that, in a civil contempt the
purpose is to force the contemnor to do something for the benefits of the other party,
while in criminal contempt the proceeding is by way of punishment for a wrong not so

14
AIR 1966 All. 305

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much to a party or individual but to the public at large by interfering with the normal
process of law degrading the majesty of the court.

However, if a civil contempt is enforced by fine or imprisonment of the contemnor for

non performance of his obligation imposed by a court, it turns out into a criminal
contempt and becomes a criminal matter at the end. Such contempt, being neither purely
civil nor purely criminal in nature, is sometimes called sui generis. It is submitted that the
differentiating line between civil and criminal contempt is sometimes very thin and might
often considered being same. Where the contempt consists in mere failure to comply with
or carry on an order of a court made for the benefit of a private party, it is plainly civil
contempt. If, however, the contemnor adds defiance of the court to disobedience of the
order and conducts himself in a manner which amounts to abstraction or interference with
the courts of justice, the contempt committed by him is of a mixed character, partaking of
between him and his opponent the nature of a civil contempt.

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6. CASES RELATED TO CONTEMPT OF COURT

Paras Saklecha Vs. Shri Justice A.M Khanwilkar

In this case a Contempt petition was filed against Chief Justice of Madhya Pradesh High
Court. A petitioner in PIL had filed the application alleging that certain words made by
the Chief Justice A.M Khanwilkar while hearing the writ petition amounts to contempt.
The Division bench who heard the application came to the conclusion that the act of CJ
cannot be termed as Contempt of court.

V Jayarajan Vs. High Court of Kerala & Anr.15

In this case apex court stated that “Judges expect, nay invite, an informed and genuine
discussion or criticism of judgments, but to incite a relatively illiterate audiences against
the Judiciary is not to be ignored.In this case Mr Jayarajan used two Malayalam words
like ‘shumbhanmar’( idiots. Fool) and ‘pulluvila’ ( of little value) against the Judges of
High Court. The Supreme Court upheld the conviction and sentences him for four weeks.

Re: KK Mishra case16

In this case, the lawyer abused and made allegations of bribery and corruption against
Reference Officer ( civil judge) and threatened him of the consequences when he would
come out the court hours.

GN Saibaba Vs. State of Maharashtra

In this case , the famous author Arundhati Roy in her book titles “ The Outlook”
criticized of the non-granting of bail to the Professor. Justice Arun. B Choudhari,
dismissed the bail application and also directed registration of Criminal Contempt against
the author.

15
Case (Crl.).No. 2 of 2010
16
Contempt Application (Criminal) No. – 20 of 2011

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Attorney General Vs. Times Newspapers Ltd17

House of Lords in has rightly enumerated threefold purposes of the law of contempt: (i)
to enable the parties to litigation and the witnesses to come before the Court without
outside interference; (ii) to enable the Courts to try cases without such interference; and
(iii) to ensure that authority and administration of law are maintained.

Ram Surat Singh Vs. Shiv Kumar Pandey18

The Court held that the object of the law of contempt is not to provide a cloak for judicial
authorities to cover up their inefficiency and corruption, or to stifle criticism made in
good faith against such officers. Administration of justice cannot be effective unless
respect for it is fostered and maintained.

Re Freston19

It was stated that all contempt’s are not the same, they are of different kinds. Some
contempt’s are merely theoretical but others are wilful, such as disobedience to the
injunction or to orders, delivery of documents. In this case there is no privilege from
arrest. In this case attachment was granted for something more than a mere theoretical
contempt and thereafter it was something more than merely civil process, there was
therefore, no privilege.

Legal Remembrancer Vs. Motilal Ghose20

The Calcutta High Court in has explained the difference between civil contempt and
criminal contempt. The distinction between civil and criminal contempt is of fundamental
character. While criminal contempt offends the public and consists of conduct that
offends the majesty of law and undermines the dignity of the Court, civil contempt
consists in failure to obey the order, decree, direction, judgment, writ or process issued by
courts for the benefit of the opposing party.

17
1974 AC 273
18
AIR 1971 All. 170
19
(1883) II Q.B.D. 545
20
ILR 41 Cal. 173.

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Sarla Devi Bharat Kumar Rungta Vs. Bharat Kumar Shiv Prasad Rungta21

It was held that civil contempt was made out and the wife cannot be forced to take
recourse to execution proceedings, if she is forced to recover the amount by taking out
execution proceedings, the recovery of the amount may take years together and also the
marriage petition to proceed further. In case the court directs to take execution
proceedings, it shall result into great hardship and the administration.

21
1988 Cr. L.J. 558 (Bom.)

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7. SUGGESTIONS

The main purpose behind the Contempt Act is to judge fairly without any disturbances
and through this it creates a trust on the citizens. This power given to judiciary should be
used wisely and promptly. This Act raises the dignity of the judiciary and protect it from
any external pressure or disturbances. The Contempt of Court Act, 1971 is imperative
with reference to the concept of delivering of justice. Because of this Act, the justice is
delivered very quick and fast. But still there are many shortcomings in many of the
sections of this Act.

 The court should have a mind to accept fair criticism. This will help the court to
improve their way of judgements and speedy trial.

 The Judiciary should have a clear image about the distinction of Contempt of
court and Contempt of Judge.

 The Act should be used at the last resort when the Judge have a very reasonable
basis that the words or acts results to Contempt.

 The element of Mens rea should be taken into consideration in Contempt of court
Act.

 If the Judge feels that the act lowers the dignity of court , then it can also be given
for a second opinion to some committee or any other judicial opinion can be taken
into consideration

 Contempt of Court should be applied to all citizens equally without any

discrimination between common individual and public figures.

 A proper criteria should be setup to check whether the act comes within the
purview of Contempt of Court.

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8. CONCLUSION

Contempt may be defined as any act which derogates the dignity and authority of courts.
Oswald, in his celebrated treatise - ‘Contempt of Court’ says that ‘Contempt of Court is
so manifold in its aspects that it is difficult to lay down any exact definition of the
offence’. The word has been defined in the Chamber’s Twentieth Century Dictionary as
scorn, disgrace (law), disregard of the rule, or an offence against the dignity of a court
(with, of, for). Thus, any act which significantly derogates the dignity and authority of the
court or which tends to impede or frustrate the administration of Justice, may be
Contempt of Court.

As an area of law, contempt of court is endlessly fascinating and has been aptly described
as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its
central concern is to protect the administration of justice in criminal and civil cases,
addressing, for example, the perennial conflict between the requirements of a fair and
unprejudiced trial and those of freedom of expression. It is also concerned to protect
witnesses from being victimised and courts being subjected to destructive criticism in the
press, or disruptive conduct during their proceedings. Similarly, it provides the ultimate
sanction to secure the enforcement of court orders, including orders which call on
journalists to reveal their confidential sources of information. A further major clash of
interests is between the demands of open justice and the numerous restrictions on
reporting which now exist, for example to confer anonymity on children and on
complainants in sexual cases, the hearing of cases in camera or in private, and orders
postponing the reporting of trials.

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BIBLIOGRAPHY

https://www.lawteacher.net/free-law-essays/administrative-law/object-of-law-of-

contempt-administrative-law-essay.php

https://www.lawaudience.com/contempt-of-court-and-its-types-and-punishment-

for-contempt-of-court/

http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-

b9de496f8751/Custom/P.E.%20unit_5.pdf

http://www.legalserviceindia.com/article/l255-Contempt-of-Court.html

https://legaldesire.com/contempt-court-analysis/

http://shodhganga.inflibnet.ac.in/bitstream/10603/194003/7/07_chapter%202.pdf

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