CONTEMPT OF COURT

Article 129 of the Constitution vests the court with power to

punish contempt (disrespect) of itself.

Contempt of Court
Charging the judge with unreasonability and inability
Expressing doubts on the prestige, status, rights or
fairness of the judiciary
Publication of any comment on the matters, which are
under proceedings of the court and which may mislead the
general public or which may lead them to be prejudiced
(unfair/biased).
Wrongful publication of the proceedings of the court and
distorting the facts
Against the order of the judge, publication of the
proceedings of the court or picture of the accused
Attempt to influence the judge, jury, advocates or witness
or any person or matters that is under proceedings of the
court
Attempt to obstruct in police enquiry
To threat witness
To interfere in the judicial administration

History
In India this act was first modified in 1926 as per English
common law. After the independence of India, constitution put
is on the restrictions of article 19(2).The Act of 1926 was
replaced by an Act of 1952. With the changing socio-cultural
conditions of the country, the Supreme Court found that this
Act was not capable to meet the needs of the people. Hence it
suggested that the law should be changed. Finally the Sanyal
committee redrafted the bill which was enacted as the
Contempt of Court Act 1971.

Punishment
Imprisonment up to six months and or fine up-to two thousand
rupees. Where the contempt of Court is committed by a
company, each person responsible for running the company will
be liable for punishment. But if the accused apologises to the
satisfaction of the court he may be discharged or punishment
may be remitted.

Reports of crimes are regularly published in newspapers

and magazines. These reports are genuine for public
interest as the attract more readers and increase
circulation but when the court generates suspicion on a
particular person or group for their involvement in any
crime, the press has to be extra careful as it may lower
the status or goodwill of that person in a society.
It also may invite public anger or defamation against the
reporter of the newspaper. The most important is that it
may invite contempt of court in case if the matter is subjudice (under the process of court).
Very often the press is involved to the contempt of court
cases. So, the journalist especially the editors, news
editors and feature editor should be careful about these
issues.
The judgement pronounced by a court may be criticized
which is called fair comment, but the judge, personally
should not be criticized. However it is difficult to define fair
comment as it depends on the context, language and tone
of the report in making the comment.
A reputed journalist in HT (Jal Khambata) has written the
comments on some pending court case and he was
charged with the contempt of court but according to
journalists this is a serious issue where it considered as
sheer failure of freedom of expression and speech.

 The Contempt of Court is of two types Civil Contempt

and Criminal Contempt.
Civil Contempt means wilful disobedience of any
judgement, decree, direction, order, and writ (summons)
or other process of court or wilful breach of an undertaking
given to court.
Criminal contempt means publication or act (whether by
words spoken or written or by signs or by representation
or otherwise) by any matter relates to the following points
(a) Scandalizes or tends to scandalize, or lowers or tends
to lower the authority of any court (b) prejudices, or
interferes or tends to interfere with judicial proceedings (c)
interferes or tends to interfere with, or obstructs or tends
to obstruct the administration of justice in any manner.
The media persons are generally involved in this type of
contempt. This is a pitfall for the media and hence they
should be aware of it.