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Contempt of Court
Why is it in news?
- The Supreme Court found civil rights lawyer Prashant Bhushan guilty of criminal contempt by “scandalising the court”.
Contempt of Court
- Objective:
(1) Purpose is to uphold the majesty and dignity of justice delivery system.
(2) Help judges to do their duties of deciding cases without fear, favour and affection.
(3) Protect judicial institutions from motivated attacks and unwarranted criticism.
(4) Avoid denigration of authority of Court.
(5) Maintaining confidence in justice system.
- Constitutional Provisions:
(1) Article 129 and 215: The SC/HC shall be a court of record and shall have all the powers including the power to punish for contempt of itself respectively.
(2) Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.
- Contempt of court: In India, the Contempt of Courts Act, 1971, divides contempt into civil contempt and criminal contempt.
(1) Civil contempt: it is defined as wilful disobedience to any judgment, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to a court.
(2) Criminal Contempt: It is any action
(a) In written or spoken, signs and action that 'scandalise' or 'tend to scandalise' or 'lower or tend to lower the authority' of the Courts.
(b) Prejudices or interferes with any judicial proceeding
(c) Interferes with or obstructs the administration of justice
- 2006 Amendment to the Contempt of Courts Act, 1971:
(1) Court may impose punishment for contempt only when it is satisfied that substantially interferes or tends to substantially interfere with the due course of justice.
(2) Addition of the word truth and good faith as defences against the law of contempt in India.