| Statutory Basis:
· 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.
· 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.
· The Contempt of Courts Act, 1971, gives statutory backing to the idea. |
· The Contempt of Courts Act, 1971 was a result of the recommendations made by the H.N. Sanyal Committee. The committee was tasked with examining the existing laws on contempt of court, and their report played a crucial role in shaping the legislation that governs contempt proceedings in India today. |
· According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.
· Civil contempt means 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.
· On the other hand, criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matteror the doing of any other act whatsoever which
· scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
· prejudices, or interferes with, or tends to interfere with, the due course of any judicial proceeding; or
· interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. |