Contempt Laws In India – Brief Study

The law of Contempt of Courts is for keeping the administration of justice pure and undefiled. The dignity of the court must prevail and be maintained at all costs. So keeping the said principle in mind one should keep their conduct in line with the process of court.

One should avoid any disobedience to any judgement, decree, direction, order writ or any other process of a court. The disobedience should not be wilful because that will indefinitely call in for a punishment and no scope will be left for tendering an unqualified and unconditional apology. One may also refrain from conducting whether by words, spoken or written, or by signs, or by visible representation or otherwise whatsoever or by doing any such act which will scandalise or tends to scandalise the courts authority, prejudices or interferes with judicial process, and or interferes or tends to interfere with the administration of justice.

In the Case of P.N Dudda v. P Shivshankar (1998 (3)SCC 167), hon’ble SC observed that “Reasonable and fair criticism of the judicial system and Judges, not interfering with administration of justice and not bringing the administration of justice in to disrepute, does not constitute criminal contempt. In this case the Apex Court was considering whether the speech made by the law minster was contemptuous and as such, any action should be initiated against him under the provisions of the Contempt of Courts Act. The apex Court has observed that:- “Speech delivered by the Law Minster in a seminar organized by Bar Council expressing his critical views in respect of the Apex Court, held on facts, though at places intemperate, but reading the speech as a whole and having regard to the select audience, it did not constitute to the select audience, it did not constitute any contempt of Supreme Court.

However, Contempt can be caused by being ignorant: Many litigants who get caught up in such proceedings are often aloof to the basic compliance of Court proceedings.Thus, If you are a Litigant/ victim of Proceedings of Contempt. The said proceedings can often cause a mild trauma for any person. For a better understanding of the subject the author presents broader principles confining different acts which may constitute an act of contempt.

For a better understanding of the subject the author presents a detailed study on the subject, click here to read more.

Author: Vibhor Gupta, Senior Associate, at Khurana & Khurana, Advocates and IP Attorneys.  In case of any queries please contact/write back to us at vibhor@khuranaandkhurana.com.

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