Introduction:
‘Contempt’ according to the Oxford dictionary is a state of being despised or dishonoured. It is an offense of being dishonest or disobedient towards a court of law. Contempt has two categories that are on one side it refers to being disrespectful to legal authorities whereas another side it also refers to willfully failing to obey a court order.
Contempt of Court is seen through as a disturbance that may impede the functioning of the court. Our Indian legislatures do not provide a clear definition of Contempt of Court but Section 2(a) of the Contempt of Court Act, 1971 states that Contempt of Court includes Criminal contempt or Civil Contempt which has been explained further in the article.
The Contempt of Court Act, 1971
The felony of ‘scandalizing the court’ still prevails in India although it was eliminated in England and Wales a long time ago. In order to preserve the sanctity of the Judiciary, the courts are authorized with the jurisdictions to take actions against those people who are accountable for contempt of court. The genesis of three legal instruments has been witnessed by India to reach the final law on contempt of court which is right now applicable to all of us.
The Contempt of Court Act, 1971 is one of the most powerful statutes in the country and governs the law of contempt in India. This Act developed from the Contempt of Court Act 1926 and the Contempt of Court Act 1952.
Through this act, the High Court and Supreme Court are empowered to punish any acts that causes contempt to the court of law and also these courts have the constitutional validity to punish for the contempt of court. Contempt of court is an offence of disregarding the authority of the court by disobeying the orders that are laid down by the court.
Article 129[1] of the Constitution of India states that the Supreme Court and Article 215[2] states that every High Court shall be a court of record and have all the powers of such other courts including to punish for its contempt.
Essentials of Contempt of Court
It is necessary to fulfill certain essentials before proving an offense in the court. Let us take an example if Vijay has to prove that the other person named Samantha is guilty of committing an act that is unlawful and is a serious offense in the court of law. Then it is Vijay’s liability to prove that Samantha was guilty of such an offense and has to provide certain essentials that are required to commit such an act. So similarly even Contempt of court has certain essentials and those are:
- The act of disregard or disobedience to any court orders, proceedings, or writs should all be done willfully and purposely in the case of Civil Contempt.
- Publication is one of the most integral parts of Criminal Contempt. Publication includes either by words written or spoken or by visible representation or by signs.
- The person doing the action should be deliberate and disobey the court’s proceedings.
- The order made by the court should be Valid and also should come to the knowledge of the respondent
Types of Contempt
Section 2(a) of this act states that contempt of court can be civil or criminal. Civil contempt is mentioned under Section 2(b) of the Contempt of Court Act, 1971. Civil contempt is a wilful disobedience of judgment, decree, order, writ, or wilful breach of an undertaking that has been given to the court. It is a wrong that is of private nature and harms the party who is entitled to receive the benefit from the disobeyed order.
Whereas Criminal contempt as mentioned under Section 2(c) of the Contempt of Court Act, 1971 is the publication of any matter either by words, written or spoken or by visible representation or by signs or by doing any such act which: 1) Scandalizes or tends to scandalize or even lowers the court authority 2) Interferes or prejudices the proceedings happening in the due course 3) Obstructs or interferes with the administrational justice of the court in any manner.
Period of Limitation
The limitation period for initiating contempt proceedings is mentioned under Section 26 of the Contempt of Courts Act, 1971. Section 20 states that “No court shall initiate any proceedings of contempt, either on its motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.” The proceedings of contempt can be started either by filing an application or suo moto by the court itself. Also, the period of limitation is valid to both civil and criminal contempt.
In Criminal Contempt, the moment the scandalization of court or interference with the administration of justice has taken place then the contempt has been alleged to have been committed and the period of limitation accordingly starts running. On the other hand in civil contempt, the limitation period doesn’t start from the date of order. It starts running after the expiry of the period that is mentioned in the order after the service of copy certified of the order upon the other side.
Some time back it was observed by the Madras High Court that the limitation period under Section 20 of the Contempt of Court Act, 1971 should be read along with Article 215 of the Constitution of India. In all cases, the limitations under Section 20 have been followed and those provisions should be read in connection with Article 215 of the Constitution of India. In this case, a contempt application was been heard by the court against the Director of the Local Fund Audit in Kuralagam Chennai claiming his failure to comply with an order of the Court dated 2nd of September,2014 which was passed earlier in a writ petition. The petitioner filed the writ petition based on the order of a Finance Department of the Madurai (West) Panchayat Union which stated that a bonus raise had to be approved as an incentive in respect of employees who were in the special grade beyond the age of 10 years.
However, before the completion of such period the petitioner had retired from service, she became ineligible for availing such a bonus which made her file such a writ petition. The Court had directed the respondent to think through her representation against such order in such a petition. After the rejection of the representation, the petitioner after a lapse of about 1.5 years from the date of the order of the Court had applied to contempt. The contentions before the High Court related to the limitation to be followed for filing of contempt which was previously decided by the court in certain cases. It was submitted by the counsel that under Article 215 of the Constitution the petitions can be entertained beyond the period of limitation. In the existence of a Special Act in respect of limitation, it is the general principle of law that the Constitution has to be read harmoniously and clearly with the Special Act.
The court also referred to the case of Pallav Seth V. Custodian &Ors[3] where it was held that Section 20 of the act neither stifles nor abrogates the power conferred upon the Apex Court under Article 215 of the Constitution. Therefore Article 215 has to be read in relation to Section 20 of the Act. The Supreme Court has held that contempt applications can be entertained beyond one year in case of exceptional circumstances, in order to prevent situations where gross injustice would occur, and even then, such power needed to be sparingly exercised.
Conclusion
Therefore in short Contempt is an act or omission which interferes in the administration of justice and the expression administration of Justice has a very broad sense. There is no uncertainty that the view of contempt jurisdiction is to uphold the majesty and withhold the dignity of law of courts and the image in front of the public is not undermined. If a layman is led to losing his respect and dignity by way of factious writings or words also who is acting in the discharge of his judicial duties, then the offender needs to be punished as his confidence gets shaken. Hence, in essence, the law of contempt is the protector of the seat of justice.
References:
[1] Article 129- 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
[2] Article 215- 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.
[3](2001)7SCC 549
Other Sources:
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