CONTEMPT OF COURTS ACT, 1971

I. INTRODUCTION

The Contempt of Courts Act, 1971 is the primary law governing contempt of court in India.
Its main purpose is to:

• Protect the authority and dignity of the courts,

• Ensure proper administration of justice,

• Maintain public confidence in the judiciary, and

• Prevent obstruction or interference with judicial proceedings.

Indian courts derive contempt powers not from this Act, but from the Constitution:

• Article 129 – Supreme Court: Court of Record with power to punish for contempt

• Article 215 – High Courts: Court of Record with power to punish for contempt

The Act regulates the procedure and limits punishment, but cannot curtail the inherent
constitutional powers.

II. OBJECTIVES OF THE CONTEMPT OF COURTS ACT, 1971

1. Define civil and criminal contempt.

2. Codify contempt law in clear terms.

3. Lay down procedures for contempt trials.

4. Limit punishment to prevent abuse.

5. Provide defences like fair reporting, truth, and fair criticism.

6. Balance freedom of speech with judicial authority.

I. WHAT IS CONTEMPT OF COURT? (DETAILED)

Contempt of Court refers to any act, publication, or conduct that disrespects the authority
of the court, interferes with judicial proceedings, or obstructs the administration of justice.

It is meant to ensure that:

• Orders of courts are followed,

• Judges can function independently,

• Judicial system retains public trust,

• No one interferes with due course of justice.

The power to punish for contempt comes from:

✔ Article 129 – Supreme Court (Court of Record)

✔ Article 215 – High Courts (Court of Record)

These powers are constitutional, meaning they cannot be removed by any Act.

The Contempt of Courts Act, 1971 codifies and regulates this power.

II. DEFINITION UNDER THE ACT (Section 2)

The Act defines two kinds of contempt:

1. Civil Contempt – Sec. 2(b)

2. Criminal Contempt – Sec. 2(c)

Each is explained in full detail below.

III. CIVIL CONTEMPT (Section 2(b))

Definition

“Wilful disobedience of any judgment, decree, direction, order, writ or other process of a
court OR wilful breach of an undertaking given to a court.”

✔ Key words: WILFUL DISOBEDIENCE

There must be intent to disobey;

Mere inability, accident, or genuine mistake is NOT contempt.

A. Elements of Civil Contempt

1. There must be a court order or undertaking.

2. The contemnor must have knowledge of the order.

3. There must be wilful, deliberate, intentional disobedience.

B. Examples of Civil Contempt

• Not obeying a stay order

• Violating an injunction (e.g., continuing construction after court orders stop)

 • Disobeying a maintenance order

• Not implementing a bail order

• Not following directions in writ petitions

• Breach of an undertaking given to the court

Civil contempt ensures compliance with judicial orders.

C. Defences in Civil Contempt

• Order is vague

• Order was impossible to comply with

• No wilful intention

• Substantial compliance

• Lack of knowledge of order

• Clerical/administrative difficulties

IV. CRIMINAL CONTEMPT (Section 2(c))

Definition

Criminal contempt is anything that:

✔ (i) Scandalizes or lowers the authority of the court

✔ (ii) Interferes with the due course of judicial proceedings

✔ (iii) Obstructs the administration of justice in any other manner

This is broader and more serious.

A. ACTS THAT CONSTITUTE CRIMINAL CONTEMPT

Scandalizing the Court (Section 2(c)(i))

• Abusing judges

• Alleging corruption without evidence

• Attacking integrity of judiciary

 • Publishing defamatory remarks against judges

This weakens public faith in judiciary.

Interference with Judicial Proceedings (Section 2(c)(ii))

Any act that prejudices or obstructs court proceedings, such as:

• Publishing prejudicial material during a trial

• Influencing witnesses

• Threatening judges, lawyers, or litigants

• Creating disruptions in the courtroom

Obstruction of Justice (Section 2(c)(iii))

Examples include:

• Interfering with investigation ordered by court

• Destroying evidence

• Filing fake cases to derail justice

• Influencing court staff

• Preventing execution of court orders

B. Examples of Criminal Contempt

• Calling the judiciary corrupt without proof

• Misreporting a court order to mislead public

• Publishing statements that affect a fair trial

• Threatening witnesses

• Creating violence or disturbance inside court

• Casting baseless aspersions on judges

• Leaking sealed-cover documents

• Posting abusive content on social media against judiciary

 C. Exceptions & Defences for Criminal Contempt

✔ 1. Fair criticism of judicial acts (Sec. 5)

Criticism must be respectful, fair, and reasoned.

✔ 2. Fair & accurate reporting of court proceedings (Sec. 4)

✔ 3. Innocent publication (Sec. 3)

Publisher unaware that the matter is sub-judice.

✔ 4. Truth as a defence (Sec. 13(b))

Allowed if in public interest and bona fide.

✔ 5. Private complaint against judge (Sec. 6)

A private complaint to higher authorities = NOT contempt.

V. PUNISHMENT FOR CONTEMPT (Section 12)

The Act prescribes maximum limits for punishment.

A. Maximum Punishment

✔ Simple imprisonment up to 6 months,

OR

✔ Fine up to ₹2,000,

OR

✔ Both.

Court may impose:

• Only fine

• Only imprisonment

• Both, depending on gravity

B. Apology as Defence (Sec. 12(1))

If the contemnor offers:

• Genuine,
 • Sincere,

• Unconditional apology,

court may discharge the contemnor or reduce punishment.

A sham or casual apology is rejected.

C. Special Points on Punishment

• Courts generally prefer fine over imprisonment.

• Judges use contempt powers sparingly, to preserve freedom of speech.

• Punishment must be proportionate.

• Courts may suspend sentence if apology is accepted.

• In civil contempt, court can order compensation or compliance instead of

punishment.

VI. IMPORTANT JUDICIAL PRINCIPLES

• Contempt power is to be used carefully, rarely, cautiously.

• Contempt does NOT protect judges personally—it protects the institution of justice.

• Criticism is allowed, but scandalizing is not.

• Wilfulness is essential for civil contempt.

• Contempt powers cannot be curtailed by statute (SC in Supreme Court Bar

Association v. Union of India).

PROCEDURES IN CONTEMPT CASES

I. INTRODUCTION

Contempt proceedings are sui generis (unique), neither fully civil nor criminal.
However, because contempt may lead to punishment similar to criminal law, the procedure
must be:

• Fair

• Reasonable

• In line with natural justice

The Contempt of Courts Act, 1971 (Sections 14–23) details the complete procedure for
contempt cases.

II. TYPES OF CONTEMPT PROCEEDINGS

1. Contempt committed in the face of the court (Section 14)

2. Other contempt (civil or criminal) initiated by:

o Court suo motu

o Motion by Advocate General

o Motion by any person with AG’s consent

o Reference by subordinate court

Each has its own procedure.

III. PROCEDURE WHEN CONTEMPT OCCURS “IN THE FACE OF THE COURT” (Section 14)

This refers to contempt committed:

• Inside the courtroom

• In presence of the judge

• During proceedings

• Such as: shouting, abusing judge, disrupting hearing, refusing to answer, insulting
court staff.

Step-by-step procedure:

✔ 1. Recording the incident

The Judge must record the facts constituting the contempt.

✔ 2. Show-cause notice

Contemnor must be:

• Informed of what he is accused of,

• Given opportunity to explain or apologize.

✔ 3. Right to Defence

He must be allowed:
 • Representation by advocate,

• Reasonable opportunity to defend.

✔ 4. Adjournment (Optional)

Court may postpone judgment to allow fairness.

✔ 5. Summary procedure

Since the act happened in front of the judge, evidence is not required.

✔ 6. Order and Punishment

Court may:

• Accept apology,

• Warn,

• Punish (up to 6 months or ₹2000),

• Drop proceedings.

IV. PROCEDURE FOR “OTHER” CONTEMPTS (Section 15)

(i.e., contempt NOT committed before Supreme Court or High Court directly)

This includes:

• Scandalizing court

• Disobeying orders (civil contempt)

• Publishing prejudicial materials

• Interfering with administration of justice

There are 4 ways such proceedings can start:

A. SUO MOTU ACTION BY COURT (Section 15(1))

✔ Step 1: Court takes notice on its own

High Court or Supreme Court can start contempt proceedings without anyone filing a
petition.

✔ Step 2: Issue notice

Court issues notice to alleged contemnor to show cause.

✔ Step 3: Hearing & evidence

Court examines documents, affidavits, and evidence.

✔ Step 4: Decision

May punish, discharge, or accept apology.

B. MOTION BY ADVOCATE GENERAL (AG)

(Section 15(1)(a) & 15(1)(b))

AG’s consent is required for criminal contempt except when court acts suo motu.

✔ Why AG’s consent?

To prevent frivolous contempt petitions.

✔ Procedure:

1. Petitioner submits material to AG.

2. AG examines and decides whether to grant written consent.

3. Petition filed before High Court/Supreme Court.

4. Notice issued to contemnor.

5. Evidence and hearing.

6. Final order.

C. MOTION BY PRIVATE PERSON (Sec 15(1)(b))

A private person may file contempt petition only after AG’s written consent.
This ensures genuine cases only.

D. REFERENCE BY SUBORDINATE COURT (Sec. 15(2))

Subordinate (lower) court cannot punish for contempt itself.

✔ Procedure:

1. Subordinate court records contemptuous conduct.

2. Makes a reference to High Court.

3. High Court issues notice to contemnor.

 4. High Court conducts full hearing.

5. High Court may punish or drop case.

V. NOTICE TO CONTEMNOR (Mandatory Step)

Before punishing anyone, the court must:

✔ Frame charges

✔ Issue a show-cause notice

✔ Serve copy of petition, affidavits, and documents

✔ Allow time to reply

✔ Ensure service through registered post/personal service

This is a constitutional requirement of natural justice.

VI. RIGHTS OF THE CONTEMNOR (Natural Justice Principles)

Even though contempt is quasi-criminal, contemnor has rights:

✔ Right to know allegations

✔ Right to file reply

✔ Right to personal hearing

✔ Right to legal representation

✔ Right to produce evidence

✔ Right to cross-examine (if asked for)

✔ Right to appeal (in some cases)

VII. PROCEDURE FOR EVIDENCE (Section 17)

Evidence is normally taken through:

• Affidavits

• Documents

• Counter-affidavits
 • Oral evidence (rare in contempt)

Court may summon witnesses if required.

VIII. STANDARD OF PROOF

Because contempt may lead to jail:

✔ Proof must be beyond reasonable doubt

—not “preponderance of probabilities”.

Especially in criminal contempt, the burden is high.

IX. APOLOGY (Section 12)

Court may accept apology if:

• It is sincere

• Unconditional

• Genuine

A fake apology used only to escape punishment is rejected.

Court may:

• Reduce sentence

• Drop proceedings

Apology is NOT a right; it is at court’s discretion.

X. PUNISHMENT (Section 12)

(only after due process)

Maximum:

• 6 months simple imprisonment

• ₹2,000 fine

• OR both

Court may also:

• Suspend sentence
 • Discharge contemnor

• Order compliance in civil contempt cases

• Order compensation to the aggrieved party

XI. PROCEDURE FOR APPEAL (Section 19)

✔ Appeals lie as follows:

• From High Court → Supreme Court

• No appeal from Supreme Court (SC is final authority)

• An order refusing to initiate contempt is NOT appealable

Appeal must be filed within 30 days.

XII. SPECIAL PROCEDURES

1. Contempt by Companies (Sec 12(4))

If company commits contempt:

• Company + responsible officers are liable.

2. Criminal Contempt by Publication

Courts examine:

• Intent

• Effect on administration of justice

• Whether reporting was fair and accurate

3. Civil Contempt Compliance

Court may:

• Direct enforcement of order

• Grant compensation

• Order specific performance of injunction

 • Issue coercive steps

HIGH COURT RULES AND SUPREME COURT RULES TO REGULATE CONTEMPT PROCEEDINGS

I. INTRODUCTION

While the Contempt of Courts Act, 1971 provides the general statutory framework for
contempt proceedings, the Supreme Court and every High Court in India have the power to
make detailed rules governing:

• The procedure for contempt cases

• Filing, notices, and hearings

• Cognizance, affidavits, evidence

• Punishment and orders

This rule-making power is derived from:

✔ Articles 129 & 142 — Supreme Court

✔ Article 215 — High Courts

(These give inherent power to punish for contempt as Courts of Record.)

✔ Section 23 — Contempt of Courts Act, 1971

This section expressly authorises the Supreme Court and High Courts to frame rules
regulating contempt proceedings.

Thus, contempt jurisdiction is both constitutional and statutory, and each court follows its
own procedural rules.

II. RULE-MAKING POWER: SECTION 23 OF THE CONTEMPT OF COURTS ACT

Section 23 states:

“The Supreme Court and the High Courts may make rules, not inconsistent with the Act,
providing for any matter relating to its procedure.”

Thus:

• Supreme Court → Supreme Court Rules on Contempt

• High Courts → High Court Contempt of Court Rules (state-wise)

These rules supplement the 1971 Act.

 III. SUPREME COURT RULES ON CONTEMPT

(Derived mainly from the “Supreme Court Rules, 2013”, Part I, Order XLVIII & Appendix I –
Contempt Proceedings)

Below are the most important provisions, written in exam format.

A. HOW SUPREME COURT TAKES COGNIZANCE

✔ 1. Suo Motu Cognizance

The Supreme Court may start contempt proceedings on its own motion.

✔ 2. By Petition:

• By Attorney General or Solicitor General

• By any person, but only with AG/SG’s written consent

(For criminal contempt — required under Section 15)

✔ 3. Reference by High Court

(rare)

B. FORM & CONTENT OF PETITION

The petition must contain:

• Facts constituting contempt

• Supporting documents or publications

• Names, addresses of contemnors

• Relief sought

• Consent letter (if filed by private person)

Petitions are verified by affidavit.

C. ISSUE OF NOTICE

The Supreme Court will issue:

• Show-cause notice
 • Along with copy of petition & annexures

• Giving reasonable time to respond

Service is done through:

• Registered post

• Personal service

• Court officers

D. APPEARANCE & REPRESENTATION

• Accused may appear in person or through advocate

• Court may direct personal presence

• If accused does not appear → bailable/warrant may be issued

E. PROCEDURE FOR HEARING

1. Contemnor files reply affidavit

2. Petitioner files rejoinder

3. Court frames points/issues

4. Hearing takes place on evidence:

✔ Evidence is usually by:

• Affidavits

• Documents

• Media material

• Public statements

✔ Oral evidence is taken only if necessary.

F. RIGHT TO FAIR HEARING

Supreme Court ensures:

• Natural justice

• Full opportunity of defence

 • Right to legal counsel

• Right to produce evidence

• Right to cross-examine if oral evidence is used

G. APOLOGY

Under Supreme Court Rules:

• Apology must be unconditional, bona fide, and sincere

• Conditional or tactical apology is rejected

Court may accept apology and drop proceedings.

H. PUNISHMENT

As per Section 12 of the Act:

• Simple imprisonment up to 6 months,

• Fine up to ₹2,000,

• or both.

Supreme Court may:

• Suspend the sentence

• Release on admonition

• Accept a genuine apology

IV. HIGH COURT RULES FOR CONTEMPT PROCEEDINGS

(Each High Court frames its own rules – e.g., Delhi High Court Rules, Bombay High Court
Rules, Allahabad High Court Rules etc. The structure is similar everywhere because all rules
are under Section 23.)

These rules typically include the following procedure:

A. INITIATION OF PROCEEDINGS

High Court may take cognizance:

 1. Suo motu

2. On motion by Advocate General

3. On motion by any person with AG’s consent

4. On reference from a subordinate court (Section 15(2))

B. FORM OF PETITION

A contempt petition must include:

• Statement of facts

• Nature of contempt — civil or criminal

• Copy of the court order (for civil contempt)

• Supporting documents/evidence

• Affidavit of verification

• Consent of AG (in criminal contempt)

C. EXAMINATION OF PETITION

The High Court:

• Looks for prima facie case

• Decides if notice should be issued

• May dismiss petition at threshold

D. ISSUE OF NOTICE

Court issues:

• Rule nisi / show-cause notice

• Requires contemnor to explain why he should not be punished

• Notice served personally or through registered post

E. APPEARANCE OF CONTEMNOR

Contemnor must:
 • Appear personally (especially in criminal contempt)

• or through advocate, unless court directs personal presence

Failure to appear → bailable / non-bailable warrant.

F. FILING OF AFFIDAVITS

✔ Petitioner → Affidavit with evidence

✔ Respondent → Counter affidavit

✔ Petitioner → Rejoinder (optional)

These affidavits serve as evidence.

G. HEARING

Court follows:

• Principles of natural justice

• Allow both sides to argue

• Permit cross-examination if oral evidence used

• Court may appoint amicus curiae

H. FINDING OF GUILT

Court must record:

• Nature of contempt

• Evidence relied upon

• Reasons for rejecting defence

• Whether contempt is wilful (for civil contempt)

I. SENTENCING

High Court may impose:

• Simple imprisonment up to 6 months

 • Fine up to ₹2,000

• Both

• OR suspend sentence

• OR accept apology

In civil contempt, court may:

• Direct compliance

• Award compensation

• Impose coercive fines

J. APPEAL

Under Section 19:

• Appeals from High Court orders → Supreme Court

• Must be filed within 30 days