Contempt of Court is a legal concept and a statutory offence in India, defined primarily by the Contempt of Courts Act, 1971. It signifies an act of being disobedient to or disrespectful of the court, which opposes the authority, justice, and dignity of the judicial system. The Act classifies contempt into two types: Civil Contempt and Criminal Contempt. Civil Contempt, defined in Section 2(b), is the wilful disobedience to any court order, judgment, or writ, or the wilful breach of an undertaking given to the court. Criminal Contempt, defined in Section 2(c), involves the publication or act that scandalises or lowers the authority of any court, prejudices judicial proceedings, or interferes with the administration of justice.
The concept has its roots in the English common law principle of protecting the judicial power of the King. In India, the need for a codified law led to the Contempt of Courts Act, 1971, which replaced the earlier Contempt of Courts Act, 1952, following recommendations from a committee chaired by H.N. Sanyal in 1961. The law's purpose is to maintain the sanctity and authority of the judiciary and ensure the administration of justice is not obstructed.
The power to punish for contempt is constitutional: the Supreme Court is a 'court of record' under Article 129, and High Courts under Article 215, granting them inherent power to punish for contempt of themselves. The Supreme Court's power is also supported by Article 142(2). Punishment under Section 12 of the 1971 Act can extend to simple imprisonment up to six months or a fine up to ₹2,000, or both. The law connects directly to the fundamental right to freedom of speech and expression under Article 19(1)(a), as Article 19(2) permits reasonable restrictions on this right in relation to contempt of court.
The law was significantly amended by the Contempt of Courts (Amendment) Act, 2006. This amendment introduced a key change by allowing the defence of truth to be pleaded, provided the court is satisfied that it is in the public interest. Furthermore, Section 13 was reinforced to state that no court shall impose a sentence unless the contempt substantially interferes with the due course of justice.