Theme: Courts

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?”

The law is meant to safeguard the public’s faith in the judiciary and its authority.(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.))  The law applies to the general public and prohibits the public from making such remarks against the judiciary. However, this restriction won’t be applicable if the remarks come under any of the defences given by the law. 

The law restricts the public from making any remarks against the Supreme Court, High Court, Subordinate Courts, and Tribunals established by law. However, the law of contempt does not protect Nyaya Panchayats or other village courts that have been established by law for the administration of justice.(( Section 21, Contempt of Courts Act, 1971.)) To read more on the power to initiate contempt proceedings, see our explainer on “Who are the authorities under the law?”. 

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’. 

Any person can file a complaint against a third party on an alleged offence of contempt of court. Such an application can be forwarded to either the Supreme Court, High Court, or to the court of Judicial Commissioner in cases of Union Territories, in the form of a petition. However, such an application can only be made with the written consent of: 

• Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(b), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.)) 
• Advocate General, in case of High Courts.(( Section 15(1)(b), 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)(b), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.))