Theme: Police & Courts

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. The Contempt of Court Act, 1971, defines contempt of court to include two kinds- civil and criminal contempt.(( Section 2(a), Contempt of Courts Act, 1971.)) A contempt proceeding is not a dispute between two parties, but rather a proceeding between the court and the person accused of contempt.¹

Types of Contempt of Court 

Contempt of court can be broadly categorized into two – civil and criminal contempt. 

Civil Contempt

Civil contempt refers to:

• Willful disobedience to any judgment, decree, direction, order or writ. For example, D disobeyed a court order to submit her financial records to the court in an ongoing case. This would be an instance of civil contempt. 
• A willful breach of an undertaking or affidavit given to a court. For example, V submitted an affidavit to the court that she would return certain confidential papers to her employer within a week but failed to return it within that time period. This would be an instance of civil contempt.²The undertaking or affidavit given to the court can be in the form of a promise or a direction, based on which the court decides whether something was done or not.³) For example, not following an undertaking/affidavit where a person has promised to pay a certain amount of money to the court. The main intention of this law is to ensure that people uphold the sanctity of the judicial system and obey the directions given by the court.(( Subrata Kunda v Kshiti Goswami, Calcutta HC, 2010 (1) CHN 306.))
  

  Criminal Contempt

  Criminal contempt does not require the existence of a judgment, order, direction, decree, writ, or undertaking/affidavit. For criminal contempt, the law requires a publication or action or an attempt, which has any of the following consequences:

  1. Scandalises or lower the authority of any court. For example, if someone deliberately defames and raises their voice at a judge. 
  2. Prejudices, or interferes with any court or tribunal proceeding. For example, a false statement made against a judge for collusion in their capacity as a ‘judge’.
  3. Obstructs the administration of justice in any other manner.(( Section 2(c) , Contempt of Courts Act, 1971.))  For example, if a person stops municipal authorities who have been told by the Court to demolish a building. 

  The aim of criminal contempt is not to protect the court from insult, but rather to prevent dilution of the public’s faith in the courts.(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.)) 

1. State of Maharashtra v Mahboob S. Allibhoy, Supreme Court, (1996) 4 SCC 411. [↩]
2. Section 2(b), Contempt of Courts Act, 1971. [↩]
3. Jayanta Roy v Howrah Parcel (Eastern Railway) Labour Contractor Mazdur Panchayat, Calcutta HC 2000 (1) CHN 884 (Cal [↩]

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law. 

Innocent publication and distribution of matter

Under the law, if a publication, like a book or an article, tends to prejudice any pending court proceeding, such as publicly discussing unsubstantiated evidence, it will amount to criminal contempt.(( Rachapudi Subba Rao v Advocate General, Andhra Pradesh, AIR 1981 SC 755; Read with Contempt of Courts Act, 1971, Sections 2(c) (ii) & (iii))) However, the law itself gives certain exceptions where a publication will not amount to contempt on the grounds of prejudicing a pending proceeding. They are:

• If at the time of publication, the publisher had no reason to believe that such a case was pending.(( Section 3(1), Contempt of Courts Act, 1971.))
• If no court proceeding was pending at the time of publication.(( Section 3(2), Contempt of Courts Act, 1971.)) 
• If the person is in charge of distributing something that may be seen as contempt and they did not know that it contained anything that would be prejudicial to an ongoing court proceeding.(( Section 3(3), Contempt of Courts Act, 1971.))
•  However, this defence of ‘innocent distribution’ is not available for the press as the law gives certain criteria to be met for publishing books,(( Section 3, Press and Registration of Books Act, 1867.)) papers,(( Section 3, Press and Registration of Books Act, 1867.)) and newspapers(( Section 5, Press and Registration of Books Act, 1867.)). A person found distributing books, papers, or newspapers that have not met these criteria, will be guilty of contempt.(( Proviso to Section 3(3), Contempt of Courts Act, 1971.))

Fair and accurate reporting of a judicial proceeding

In India, trials and other judicial proceedings are generally held in open court and are subject to public scrutiny. This is required for a healthy, objective, and fair administration of justice.(( Naresh Shridhar Mirajkar v State of Maharashtra, AIR 1967 SC 1.)) This system relies on numerous reporters that accurately report the daily proceedings in a court. The law protects such legal reporting, provided that it is fair and accurate.((  Contempt of Courts Act, 1971, Section 4.)) 

The terms ‘fair and accurate, does not mean that the report should be a word-to-word reproduction of the proceedings. Rather, it should relay what has happened in the court,(( Borrie & Lowe, The Law of Contempt, LexisNexis Butterworths, 3rd Edn, p 270.)) and should not misrepresent the court proceedings before the public.(( Roach v. Garvan, (1742) 2 Atk 469.)) Unfair reporting that misleads the readers, is not protected by the law and would amount to contempt.(( E.T. Sen v E. Narayanan, AIR 1969 Del 201, at 213.)) For example, reporting or quoting an incorrect statement which was not made by a judge on social media.

In situations of in-camera trials, which take place in a closed room inside a court, certain forms of reporting may amount to contempt. Some examples of in-camera trials are cases of rape,(( Code of Criminal Procedure, 1973, Section 327(2))) matrimonial disputes,(( Special Marriage Act, 1954, Section 33 for example.))  etc, In such in-camera proceedings, the reporting of the proceedings, even if they are fair and accurate, will amount to contempt if:

• Such publication is contrary to or against any existing law.(( Contempt of Courts Act, 1971, Section 7(1)(a).)) For example, reporting of the proceedings in rape trials or child sexual abuse trials are prohibited by law, and a person has to obtain the permission of the court in case they want to still report such matters.(( Code of Criminal Procedure, 1973, Section 327(3).))
• The court has explicitly prohibited such reporting.(( Contempt of Courts Act, 1971, Section 7(1)(b).)) For example, in the evidence stage of a case involving national security or terrorism.
• The court is conducting in-camera proceedings for reasons connected with public order or security of the State.(( Contempt of Courts Act, 1971, Section 7(1)(c).))
• The information published relates to a secret process, discovery or invention which is an issue in proceedings. For example, in patent objection matters.(( Section 7(1)(d), Contempt of Courts Act, 1971.))

Fair criticism of judicial Actions

If a case has been finally heard and decided by the court, a person will be allowed to publish fair comments on the merits of that particular case.(( Section 5, Contempt of Courts Act, 1971.)) Comments about the judgment itself, and other comments about the merits of the case, are an exception to contempt of court.(( Samaraditya Pal, The Law of Contempt-Contempt of Courts and Legislatures, Chapter 5, Defenses, Punishments, Procedures, Limitation and Conferment of Rule Making Power (5th edn, 2012).)) Since judgments are public documents, and the public acts of a Judge are subject to public scrutiny , no one can prohibit fair comments on either of them.(( Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921, at 927.)) However, the exact test for ‘fair comment’ is unclear and will depend on the facts and circumstances of each case. For example, misquoting the judge or making false statements about judges would not amount to ‘fair comment’. Additionally, such comments have to be made without any bad intentions, and without the motive to bring down the image of the judiciary or impair the administration of justice itself.(( In re: Ajay Kumar Pandey, (1998) 7 SCC 248.))

Complaint against presiding officers of Subordinate Courts

If a person has made a complaint against a presiding officer of a Subordinate Court, to either the High Court or another Subordinate Court, such a complaint will not amount to contempt. However, such a complaint has to be made in good faith.(( Section 6, Contempt of Courts Act, 1971.)) For example, if a person files a complaint against a District Judge because of a legitimate grievance.

Truth

Saying or publishing the truth for the public good may be treated by the court as an exception to contempt.(( Section 13(b), Contempt of Courts Act, 1971.)) This is similar to the defence of truth in defamation, but the court has the option to decide whether or not to accept such a remark.