Where can contempt of court happen?

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Contempt of court can happen anywhere – inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens.

When contempt happens before the court

In such a case, the court can take a person into custody and try their case on the very same day or at the earliest possible opportunity.(( Contempt of Courts Act, 1971, Section 14(1))) The person will be informed of the charges against them, and will be given an opportunity to make their defence.(( Contempt of Courts Act, 1971, Section 14(1))) They can also apply to have their case heard by any other Judge(s), who is not the Judge(s) in whose presence the alleged contempt was committed.(( Contempt of Courts Act, 1971, Section 14(2).)) The offender will be in custody till the charge against them is determined.(( Contempt of Courts Act, 1971, Section 14(4).))

However, they can be released on bail, by executing a bail bond to guarantee their future attendance. To understand more on the bail, read our explainer on ‘Bail’

When contempt does not happen before the court

In such a case, the court can take up a case on its own or take up such a case which is referred to them by a legal officer.(( Contempt of Courts Act, 1971, Section 15(1))). Such a reference can be made by the:

Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(a), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.))
Advocate General, in case of High Courts.(( Section 15(1)(a), read with Explanation (b) of Section 15, Contempt of Courts Act, 1971.))
The Law Officer specified by the Central Government, in case of the court of Judicial Commissioner.(( Section 15(1)(a), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.))

If the contempt happens against a Subordinate Court

In case the contempt happens against a Subordinate Court, like a District Court, the matter has to be referred to the High Court, by:

The Subordinate Court or
The Advocate General of the State or
The Law Officer specified by the Central Government, in relation to a Union Territory.(( Section 15(2), Contempt of Courts Act, 1971.))

To understand how individual citizens can file a complaint for contempt of court, read our explainer on ‘Who can file a complaint’.

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What does the law say you can/cannot do?

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law. These include innocent publication and distribution of matter, fair and accurate reporting of a judicial proceeding, fair criticism of judicial actions, complaint against presiding officers of subordinate courts and truth.

What is Contempt of Court?

Contempt of court is any action or writing, meant to lower the authority of a court or a Judge or to interfere with the course of justice or the lawful process of the court.

Who are the authorities under the law?

The Constitution of India, 1950 empowers the Supreme Court and High Courts to have the powers to punish for contempt.

Is there a right to appeal against a contempt of court decision?

The law only allows a person to appeal against the decision once. If the appeal fails, no further remedy is present under the Contempt of Courts Act, 1971. However, the Constitution of India allows an appeal against any judgment of any court, including the High Court. This is done through a unique form of a petition, known as the ‘Special Leave Petition’.

What are the offences and punishments under this law ?

The punishment for civil and criminal contempt is the same. When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments. However, such an apology should be genuine and not merely a ruse to save oneself from punishment.

How do you file a complaint for contempt?

The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts.