Courts can work only if their orders are obeyed and people trust them. To protect this, the law allows courts to punish contempt of court - disobeying a court order or showing disrespect that lowers the authority of the court. In India, the Constitution gives this power to the Supreme Court and the High Courts, and the Contempt of Courts Act, 1971 explains it in detail. Exams ask about the Articles, the two types of contempt, the punishment and the defences. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 129 makes the Supreme Court a court of record with power to punish for contempt of itself.
- Article 215 gives the same power to the High Courts.
- The Contempt of Courts Act, 1971 divides contempt into civil and criminal.
- Punishment can be simple imprisonment up to six months, a fine up to ₹2,000, or both.
- Since a 2006 amendment, truth can be a defence if it is in the public interest and the request is made in good faith.
1. Courts of record
A court of record is a court whose judgments and proceedings are kept as permanent records and are accepted as evidence in other courts. Such a court also has the power to punish for contempt of itself.
- Article 129 declares the Supreme Court to be a court of record.
- Article 215 declares every High Court to be a court of record.
High Courts can also punish contempt of the subordinate courts under them.
2. Contempt and free speech
Article 19(1)(a) gives every citizen freedom of speech and expression. But Article 19(2) allows reasonable restrictions on this freedom in relation to contempt of court, among other grounds.
So people may criticise judgments fairly, but they may not make attacks that are meant to lower the authority of courts or interfere with justice.
3. The Contempt of Courts Act, 1971
The Act was based on the report of the H.N. Sanyal Committee of 1963. It defines two kinds of contempt:
| Type | Meaning | Example |
|---|---|---|
| Civil contempt | Wilful disobedience of a judgment, order or other process of a court, or wilful breach of an undertaking given to a court | A government department not obeying a court order to pay compensation |
| Criminal contempt | Publishing or doing anything that scandalises or lowers the authority of a court, prejudices a pending case, or obstructs the administration of justice | Making false charges against judges to shake public trust, or threatening a witness |
4. Punishment
- Simple imprisonment for up to six months, or a fine of up to ₹2,000, or both.
- The court may let the person off if he or she makes an apology that satisfies the court. An apology should be sincere, not a way to escape punishment.
- In civil contempt, the court may order detention in civil prison instead of a fine if it thinks a fine is not enough.
Proceedings for contempt must usually begin within one year of the act of contempt.
5. What is not contempt
The Act protects several kinds of acts:
- Innocent publication - when the publisher did not know a case was pending.
- Fair and accurate reporting of judicial proceedings.
- Fair criticism of a judgment after a case has been decided.
- A complaint made in good faith against a judge of a subordinate court to a higher authority.
- Truth as a defence - added by the 2006 amendment - if the court is satisfied that it is in the public interest and made in good faith.
The Act also says that a person is punished only if the contempt substantially interferes with the course of justice.
6. Who can start contempt proceedings?
- The court itself can start a case on its own (suo motu).
- For criminal contempt in the Supreme Court, a private person needs the consent of the Attorney General or the Solicitor General.
- For criminal contempt in a High Court, a private person needs the consent of the State's Advocate General.
- For civil contempt, the party affected by the disobedience usually moves the court.
7. Debate and reform
- Some argue that "scandalising the court" is too vague and can discourage honest criticism. The United Kingdom abolished this offence in 2013.
- Others say courts need this power to protect public trust in justice.
- The Law Commission, in its 274th report (2018), advised no change to the definition, noting that the large number of civil contempt cases shows the need for the law.
8. Previous year questions
- Which Article makes the Supreme Court a court of record? – Article 129
- Which Article makes the High Courts courts of record? – Article 215
- Which Article allows restrictions on free speech for contempt of court? – Article 19(2)
- In which year was the Contempt of Courts Act passed? – 1971
- Which committee's report led to the Contempt of Courts Act? – H.N. Sanyal Committee (1963)
- What are the two types of contempt under the Act? – Civil and criminal
- Wilful disobedience of a court order is which type of contempt? – Civil contempt
- Scandalising a court is which type of contempt? – Criminal contempt
- What is the maximum imprisonment for contempt of court? – Six months (simple)
- What is the maximum fine for contempt of court? – ₹2,000
- Which amendment made truth a defence in contempt cases? – 2006 amendment
- Within what time must contempt proceedings usually begin? – One year
- Whose consent does a private person need for criminal contempt in the Supreme Court? – Attorney General or Solicitor General
- Which Law Commission report (2018) dealt with contempt of court? – 274th report
- Which country abolished the offence of scandalising the court in 2013? – United Kingdom
9. How to revise this topic
Start with the Articles: 129 Supreme Court, 215 High Courts, 19(2) restriction on speech.
Next, learn the Act: 1971, based on the Sanyal Committee of 1963; civil vs criminal contempt.
Then fix the numbers: six months' simple imprisonment, ₹2,000 fine, one-year limit, truth as a defence since 2006.
Finally, remember the process: suo motu, consent of the Attorney General or Solicitor General, or the Advocate General for High Courts, and the Law Commission's 274th report.
10. Frequently Asked Questions
What is contempt of court?
Contempt of court means disobeying a court's order or doing something that lowers the authority of a court or interferes with justice. The Supreme Court and High Courts can punish it.
What is the difference between civil and criminal contempt?
Civil contempt is wilful disobedience of a court order or breach of an undertaking to a court. Criminal contempt is an act that scandalises a court, prejudices a pending case or obstructs the administration of justice.
What is the punishment for contempt of court?
Under the Contempt of Courts Act, 1971, the punishment can be simple imprisonment up to six months, a fine up to ₹2,000, or both. The court may excuse a person who makes a sincere apology.
Is truth a defence in contempt of court?
Yes. Since a 2006 amendment, the court may allow truth as a defence if it is in the public interest and the request is made in good faith.
Can anyone file a criminal contempt case?
A private person needs the consent of the Attorney General or Solicitor General to move the Supreme Court, or of the Advocate General to move a High Court. The court can also act on its own.
For more Polity topics in simple language, see our Supreme Court of India, High Courts and the Indian Judiciary and Attorney General and Solicitor General posts, or browse the Polity section. Preparing for a judiciary or civil services exam? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.