Criminal Contempt of Court is a significant legal concept designed to protect the authority and dignity of the judiciary. It refers to acts that disrespect, insult, or defy the authority of the court, thereby obstructing the administration of justice. This concept is codified under the Contempt of Courts Act, 1971, in India. Below is a detailed discussion on criminal contempt of court, including its legal provisions, examples, defenses, and penalties.
1. Understanding Contempt of Court
Contempt of Court is broadly classified into two categories:
- Civil Contempt: Disobedience to a court order, decree, judgment, or any other process of the court.
- Criminal Contempt: Acts that scandalize or lower the authority of the court, or that obstruct the administration of justice.
This discussion focuses on criminal contempt.
2. Definition of Criminal Contempt
According to Section 2(c) of the Contempt of Courts Act, 1971, criminal contempt is defined as:
- Scandalizing or lowering the authority of the court: Any publication, statement, or action that discredits the judiciary or questions its integrity may fall under this category.
- Interference with the due course of judicial proceedings: Any act that interferes with or obstructs the process of justice in a court proceeding.
- Obstruction in the administration of justice: Acts that create obstacles in the administration of justice, such as threatening witnesses, tampering with evidence, or disrupting court proceedings.
3. Legal Provisions Governing Criminal Contempt
A. Contempt of Courts Act, 1971
- Section 2(c): Provides the definition of criminal contempt.
- Section 15: Lays down the procedure for taking cognizance of criminal contempt by the courts, including suo motu action by the courts or on the motion of the Advocate General, or by any other person with the consent of the Advocate General.
- Section 14: Deals with the procedure for contempt committed in the face of the court (in facie curiae), where the court can summarily deal with the offender.
B. Article 129 and Article 215 of the Constitution of India
- Article 129: Confers the Supreme Court with the power to punish for contempt of itself.
- Article 215: Confers similar powers on the High Courts to punish for contempt of themselves.
4. Examples of Criminal Contempt
Criminal contempt can take many forms, including but not limited to:
- Scandalous Remarks: Making derogatory remarks or accusations against a judge or the judiciary that impugns its integrity, such as alleging bias or corruption without any basis.
- Publication of Misleading Reports: Publishing or broadcasting misleading reports about ongoing judicial proceedings that could prejudice the outcome or create a negative public perception of the judiciary.
- Threatening Judges or Witnesses: Any attempt to threaten, intimidate, or bribe judges, witnesses, or any other court officers to influence the outcome of a case.
- Disrupting Court Proceedings: Acts that cause disruption during court proceedings, such as shouting, creating a commotion, or refusing to obey court orders.
5. Defenses Against Criminal Contempt
There are certain defenses and exceptions available to a person accused of criminal contempt:
- Truth as a Defense (Section 13 of the Contempt of Courts Act, 1971): In criminal contempt cases, the truth can be a valid defense if it is made in the public interest and is bonafide. However, it is the accused’s responsibility to prove that the statement made was true and made in the public interest.
- Fair Criticism: Legitimate and fair criticism of the judicial process or judgment, without scandalizing the court, may not amount to contempt. Freedom of speech allows individuals to critique judgments, provided it does not degrade the judiciary’s authority.
- No Interference with Justice: If the alleged act did not actually interfere with the due course of justice or the administration of justice, it may serve as a defense against a charge of contempt.
6. Penalties for Criminal Contempt
The Contempt of Courts Act, 1971, prescribes the penalties for criminal contempt:
- Punishment (Section 12 of the Contempt of Courts Act, 1971):
- Imprisonment: A person found guilty of criminal contempt may be punished with imprisonment for a term that may extend to six months.
- Fine: The court may impose a fine of up to Rs. 2,000.
- Combination of Both: In some cases, both imprisonment and a fine may be imposed. The court also has the power to discharge or remit the punishment on an apology being made to its satisfaction. However, an apology must be unconditional and should not be a mere formality.
7. Notable Case Laws on Criminal Contempt
Several landmark judgments have shaped the understanding and application of criminal contempt in India:
- E.M.S. Namboodiripad v. T.N. Nambiar (1970): The Supreme Court held that scandalizing the authority of the judiciary or lowering its authority amounts to criminal contempt.
- C.K. Daphtary v. O.P. Gupta (1971): The Supreme Court emphasized that truth is not an absolute defense in contempt proceedings, especially if the statement lowers the dignity of the court.
- Prashant Bhushan Contempt Case (2020): The Supreme Court found the senior advocate guilty of criminal contempt for his tweets that were deemed to undermine the judiciary’s authority.
8. Procedure for Initiating Criminal Contempt Proceedings
A. Suo Motu Cognizance by the Court
- The Supreme Court or High Court can take suo motu cognizance of an act of contempt based on media reports or other reliable sources.
B. Motion by Advocate General or Law Officer
- The Advocate General or any law officer authorized by the government can file a motion for contempt in the High Court or Supreme Court.
C. Application by an Individual
- An individual may also file a contempt petition, but only with the prior consent of the Advocate General or the Attorney General of India, depending on the court in which the contempt is to be filed.
D. Summoning the Contemnor
- Once the court takes cognizance, it may issue a notice to the alleged contemnor, asking them to appear and explain why they should not be punished for contempt.
9. Conclusion
Criminal contempt of court is a powerful tool used by the judiciary to maintain its authority and ensure the smooth administration of justice. While the power to punish for contempt is essential, it must be exercised judiciously to balance the interests of justice with the fundamental rights of individuals, particularly the right to free speech. The law provides adequate safeguards to ensure that only actions that genuinely threaten the integrity and functioning of the judiciary are punished, while also allowing for defenses like truth and fair criticism. Understanding the nuances of criminal contempt is crucial for legal practitioners and the public to navigate the delicate balance between upholding judicial respect and exercising freedom of expression.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304