CONTEMPT OF COURTS ACT 1971 AND CONTEMPT PROCEEDINGS BEFORE SC & HCS

CONTEMPT OF COURTS ACT 1971 AND CONTEMPT PROCEEDINGS BEFORE SC & HCS

The Contempt of Courts Act, 1971, is an important piece of legislation in India that deals with the offense of contempt of court. Contempt of court refers to any act or publication that scandalizes or lowers the authority of the court or interferes with the administration of justice. The Act lays down the law relating to contempt of court and prescribes the punishment for such contempt.

Key provisions and aspects of the Contempt of Courts Act, 1971, include:

• Definition of Contempt: The Act defines contempt of court as civil contempt and criminal contempt. Civil contempt refers to willful disobedience of any judgment, decree, direction, order, writ, or other processes of a court. Criminal contempt refers to any act or publication that scandalizes or lowers the authority of the court, or interferes with the administration of justice.

• Punishment for Contempt: The Act outlines the punishment for contempt of court. Civil contempt may result in imprisonment or a fine, or both, as the court deems fit. Criminal contempt can lead to imprisonment of up to six months or a fine of up to Rs. 2,000, or both.

• Contempt Proceedings: Contempt proceedings can be initiated by the court suo motu (on its own motion) or on a motion made by any person. In criminal contempt cases, the court generally issues a notice to the alleged contemnor and gives them an opportunity to explain or defend themselves.

• Defenses: The Act provides certain defenses against contempt of court, such as showing that the act or publication was a bona fide criticism or fair comment on the merits of a case, or that it was not intended to interfere with the administration of justice.

• Contempt in the Face of the Court: When contemptuous behavior occurs in the presence of the court, the court can take immediate action to punish the contemnor summarily. This is known as "contempt in the face of the court."

• Supreme Court and High Courts: The Act applies to both the Supreme Court of India and the High Courts. They have the power to initiate contempt proceedings and punish for contemptuous behavior that occurs within their respective jurisdictions.

• Appellate Review: Decisions in contempt cases can be appealed to a higher court. For example, a decision of a High Court in a contempt case can be appealed to the Supreme Court.

It's important to note that the Contempt of Courts Act, 1971, has faced criticism for its potential to infringe upon free speech and press freedom, and there have been discussions about the need for reform. However, as of my last knowledge update in September 2021, the Act remains in force in India. Please verify the most current information and developments regarding this law if needed, as legal statutes and interpretations may change over time.

AUTHOR:- GUNGEET KAUR, a Student of ARMY INSTITUTE OF LAW)