Contempt of Court

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Contempt of Court


14 April, 2023

Introduction

If truth is God then obviously the Courts are the temples where justice is served. The Courts give their decision without any pride or prejudice and are neutral to everyone. Moreover, decisions are made as per the written law of the country; therefore, all the judicial decisions delivered by the Court must be respected. As the Jurists Lady Judge Langa said, “It must be obeyed as ordered unless set aside or varied.” Violation of the Court order lead to contempt of court due to which contempt law was introduced. The term ‘Contempt of Court’ is defined as an offence of being disrespectful or disobedient to a court of law and its officers; being impertinent and impolite in the courtroom towards the legal authorities, and being impudent towards court orders may lead to contempt of court proceedings. The judge has the right to impose sanctions on the contemnor such as imprisonment for a certain time period or a fine, in case he is found guilty of contempt of court. In this context, the Contempt of Court Act of 1971 was enacted that “define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto.” The primary purpose of the contempt law is to uphold the dignity of the judiciary as well as help the judges to decide cases without favor, ill will, fear, or affection. 

Contempt of Court and Indian Constitution

Article 129: As per this Article, the Supreme Court is provided the power to punish for contempt of itself. It states that “Supreme Court to be a ‘court of record’ The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.”

Article 142(2): Grants power to the Supreme Court of India to investigate as well as punish any individual for its contempt, subject to any other law. It states that “Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

Article 215: Power is granted to all the High Courts of India to punish for contempt of itself. It states that “High Courts to be ‘courts of record’ Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.”

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