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Anyone can file a complaint against a person who has made scandalizing remarks or otherwise stood in contempt against the judiciary.(( Section 15(1)(b), Contempt of Courts Act, 1971.)) However, the contempt proceeding only happens between the court and the alleged offender. The complainant is only an informer, whose duty ends after informing the court. It is open to the court to determine whether or not to act on such information and thereby initiate contempt proceedings.(( Muthu Karuppan, Commissioner of Police, Chennai v Parithi Ilamvazhuthi, (2011) 5 SCC 496.))
To read more on the procedure to file complaints, see our explainer on “How do you file a complaint for contempt?”
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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.
Where can contempt of court happen?
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.
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.