Contempt Of Court

Contempt Of Court

Recently it was seen that the Attorney-General K.K. Venugopal declined to give consent to the initiation of contempt proceedings against A.P. Chief Minister Jagan Mohan Reddy and his Principal Adviser Ajeya Kallam.

What is Contempt of court?

Contempt of Court is an offense that leans towards judicial discipline. It's not just contempt for a judge, but it's any action that defies a court's authority or impedes the ability of the court to perform its functions or wilfully fails to obey a court order.

Types of contempt of Court

The Court has original and exclusive to its jurisdiction to punish for contempt of court. There are two types of contempt of Court:

(i) Civil contempt of Court: Under this contempt, a judge can punish the disobedient civil litigant (person who sues) or criminal defendant in order to gain compliance or prevent further disobedience. Civil contempt orders can be imposed without a jury or notice because the adjudication of guilt and assessment of punishment are both undertaken by the judge, although in certain instances, the judge will hear the testimony of witnesses.

Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as willful disobedience to any judgment, decree, direction, order, writ, or other processes of a court or wilful breach of an undertaking given to a court.

(ii) Criminal Contempt of Court: Criminal contempt of Court is a criminal offence under The Contempt of Courts Act, 1971 in India. It protects the administration of justice from any interference. A person may face imprisonment for criminal contempt of court if he fails or refuses to comply with any judgment, order or direction of court.

It is defined under Section 2(c) of Contempt of Court Act, 1971. According to which criminal contempt is any publication which may result in (i) Scandalizing the Court by lowering its authority (ii) Interference in the due course of a judicial proceeding (iii) Creates an obstruction in the administration of justice. 

Constitutional provisions

Article 129 of the Constitution gives the Supreme Court to punish for its contempt. As the dignity of the Judiciary is of the utmost importance, the Supreme Court has the power to punish any person for the contempt of Court.

Article 215 gives the power to High Court for the contempt as well, although, it is governed by Contempt of Courts Act, 1971 and the High Court does not have the power to initiate the contempt proceedings of Supreme Court i.e., if there is contempt of Supreme Court then, only Supreme Court can initiate the contempt proceeding.

In case of Supreme Court, the Supreme Court by virtue of Article 129 of Constitution can decide its own jurisdiction.

Article 129 read with Article 142 of the constitution, the Supreme Court can pass any order which is necessary to continue the stream of justice.