Q. Consider the following statements:

  1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
  2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
  3. The Constitution of India defines Civil Contempt and Criminal Contempt.
  4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.

Which of the statements given above is/are correct?

  • 1 and 2 only
  • 1, 2 and 4 only
  • 3 and 4 only
  • 3 only

Answer: (b) 1, 2 and 4 only

Notes:
  • A committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then additional solicitor general. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtained in our own country and various foreign countries. Pursuant to the recommendations made by the H N Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
  • The Supreme Court and the High Courts of India have been empowered with the power to penalize for Contempt of Court under Articles 129 and 215 of the Constitution of India. 
  • The Constitution of India does not define Civil Contempt and/or Criminal Contempt.
  • Article 142 (2) of the Indian Constitution clearly states that “subject to the provisions of any law made on this behalf by Parliament” the Supreme Court shall have all and every power to make any order on the punishment of any contempt of itself. Thus, the parliament is vested with powers to make laws on Contempt of Court.
Contempt of Court:
  • Contempt of court seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
    • Note: Fair and accurate reporting of judicial proceedings will not amount to contempt of court. Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.
  • Statutory Basis:
    • When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression under Article 19 (2) of the Constitution of India.
    • Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts.
    • The Contempt of Courts Act, 1971, gives statutory backing to the idea.
  • Kinds of Contempt of Court:
    • Civil Contempt: It is the wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
    • Criminal Contempt: It is the publication of any matter or the doing of any other act which scandalises or lowers the authority of any court, or interferes with the due course of any judicial proceeding, or obstructs the administration of justice in any other manner.
  • Punishment:
    • The Contempt of Court Act of 1971 punishes the guilty with imprisonment that may extend to six months or fine of Rs 2,000 or both.
      • It was amended in 2006 to include “truth and good faith” as a defence.
      • It was added that the court may impose punishments only if the act of the other person substantially interferes, or tends to interfere with the due course of justice.