18/03/2026
Wednesday
Criminal Contempt
According to Section 2(c) of the Contempt of Court Act, 1971, Criminal
Contempt is Defined as (i) the publication of any matter by words, spoken or
written, or by gesture, or by signs, or by visible representation or (ii) doing of
any act which includes:
1. a) Scandalize or tends to scandalise, or lowers or tends to lower the
authority of any court, or
2. b) Biasness, interferes or tends to interfere with the due course of any
type of Judicial proceedings, or
3. c) obstructs or tends to obstruct, interfere or tend to interfere with the
administration of justice in any manner.
Case on Scandalizing the Court:
Jaswant Singh v. Virender Singh
In this case an advocate caste derogatory and scandalous attack on the
judge of the High Court. An application was filed an election petitioner in the
High Court, who was an advocate. He wanted to seek to stay for further
arguments in an election petition and also the transfer of election petitions.
These things cause an attack on the judicial proceeding of the High Court
and had the tendency to scandalize the Court. It was held in this case that it
was an attempt to intimidate the judge of the High Court and cause an
interface in the conduct of a fair trial.
Punishment for Contempt of Court
Section 12 of the Contempt of Court Act, 1971 deals with the punishment for
Contempt of Court. High Court and the Supreme Court have been given the
power to punish someone for the Contempt of Court. Section 12(1) of this Act
states that a person who alleged with the Contempt of Court can be
punished with simple imprisonment and this imprisonment can extend to six
months, or with fine which may extend to two thousand rupees or can be of
both type punishment. However, an accused may be discharged or the
punishment that was awarded to him maybe remitted on the condition that if
he makes an apology and this apology should satisfy the court then only he
can be exempted from the punishment of Contempt of Court. Explanation of
this sentence is that if the accused made an apology in the bona fide then
this apology shall not be rejected on the ground that it is conditional or
qualified.
The court can not impose a sentence for Contempt of Court in excess of what
is prescribed under the given section of this Act either in respect of itself or
of a court subordinate to it.
Punishment for Contempt of Court (Section 12)
Imprisonment and Fine: Simple Imprisonment up to six months, or a fine
up to ₹2,000, or both.
Civil Contempt: If a fine is insufficient, Imprisonment in a civil prison may
be ordered.
Apology: Courts may discharge the accused or remit the punishment if a
bona fide apology is submitted, even if it is qualified or conditional.
2006 Amendment: Punishment is only awarded if the act substantially
interferes with the due course of Justice.
Remedies against an order of Punishment
Section 13 has been added in the Contempt of Court Act, 1971 after
amendment in 2006. The new Act may be called The Contempt of Court
(Amendment) Act, 2006. This Section tells that contempt of court cannot be
punished under certain circumstances or certain cases.
Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006
states that no Court under this Act shall be punished for Contempt of Court
unless it is satisfied that the Contempt is of such a nature that it
substantially interferes or tend to substantially interfere with the due course
of Justice.
Clause (b) of Section 13 of this Act states that the court may give the
defence on the justification of truth if it finds that the act done in the public
interest and the request for invoking that defence is bona fide.
Apology: A genuine apology (even if conditional) can be accepted to
mitigate punishment.
Appeals (Section 19):
From Single Judge: Appeal lies to a Bench of at least two judges within 30
days.
From Bench/High Court: Appeal lies to the Supreme Court within 60 days.
Suspension of Sentence: Appellate courts can suspend the punishment
and release the contemnor on bail during the pendency of the appeal.
Truth as Defence: Under Section 13, the truth may be a valid defence if the
contempt is in the public interest and the request is bona fide.
Defences for Criminal Contempt: Innocent publication, fair/accurate
report of judicial proceedings, or fair criticism of judicial acts.
Key Legal Provisions
Article 129 & 215 (Constitution): Empower the Supreme Court and High
Courts to punish for their respective contempts.
Section 11 (Contempt of Courts Act):
Allows High Courts to punish contempts of subordinate courts.
Defences against Contempt of Court :
Defences against contempt of court include proving that disobedience was
not willful (civil contempt), lack of knowledge of the order, or that
compliance was impossible. For criminal contempt, defenses include
truth/public interest, fair criticism, innocent publication, and unconditional
apologies, often supported by the Contempt of Courts Act, 1971.
Defences to Civil Contempt (Disobedience of Orders)
No Willful Disobedience: Arguing that the violation was not intentional,
deliberate, or contumacious.
Lack of Knowledge: Claiming that the order was never properly served or
that the party was genuinely unaware of it.
Impossible to Comply: Demonstrating that compliance was objectively
impossible due to circumstances beyond control.
Vague/Ambiguous Order: Showing the order was unclear, leaving room for
reasonable, alternate interpretations.
Order Without Jurisdiction: Arguing the court lacked the authority to pass
the order in the first place.
Defences to Criminal Contempt (Scandalizing the
Court/Interference)
Truth/Justification: Under Section 13 of the 1971 Act, if the statement is
true and made in good faith in the public interest.
Fair Criticism: Fair and honest criticism ofJudicial acts or judgments does
not constitute contempt.
Innocent Publication: If the person did not know and had no reasonable
ground to believe that a proceeding was pending.
Fair Reporting: Publishing a fair and accurate report of judicial proceedings,
even if in camera, unless expressly prohibited.
Bona Fide Complaint: Complaints made in good faith against a presiding
officer of a subordinate court to higher authorities.
Unconditional Apology: A sincere and Prompt apology can mitigate or
clear the Charge of contempt.
Key Considerations
Burden of Proof: The burden lies heavily on the petitioner/prosecution to
prove willful disobedience beyond a reasonable doubt.
Alternative Remedies: If an alternative, Effective remedy for enforcement
exists, the court may refuse to use contempt powers.
Freedom of Speech: While not absolute, it is often argued as a defence
against charges of scandalizing the Court.
Procedure for Contempt Defense
Contempt of court proceedings in India, governed by the Contempt of Courts
Act, 1971, involve initiating cases through suo motu action or petitions with
consent from the Advocate General (High Court) or Attorney General
(Supreme Court). Accused persons have the right to be heard, tender
apologies, and utilize defenses like fair criticism, innocent publication, or
truth. Appeals against convictions are allowed under Section19.
Initiation: Courts (SC/HC) can act suo motu (on their own motion). Third-
party petitions require written consent from the Attorney General/Solicitor
General (for Supreme Court) or Advocate General (for High Court).
Notice and Hearing: The court must serve a notice detailing the charges,
and the accused must be given a reasonable opportunity to file a reply and
present a defense.
In-Face Contempt (Section 14): If contempt occurs in the court’s
presence, the judge can detain the person and try them immediately, but the
accused can ask for the case to be heard by a different judge.
Defences:
Innocent Publication (Sec 3): The person did not know the matter was
pending.
Fair Criticism (Sec 5): Fair and bona fide criticism of a judicial act.
Truth (Sec 13): Truth can be a defense if it is in the public interest and
made bona fide.
Apology: An unqualified apology may be accepted if it reflects genuine
remorse.
Appellate Provisions (Section 19)
Appeal as of Right: An appeal lies as a matter of right from any order or
decision of the High Court in the exercise of its jurisdiction to punish for
contempt.
Appellate Forum:
If the order is by a Single Judge, the appeal goes to a Bench of at least
two Judges of that High Court.
If the order is by a Bench, the appeal lies to the Supreme Court.
Limitation Period:
30 days for appeals within the High Court.
60 days for appeals to the Supreme Court.
Interim Orders: The appellate court may stay the punishment ordered by
the lower court pending the appeal.
Punishment
Simple imprisonment up to 6 months, a fine up to 2,000, or both.
Appellate Process for Subordinate Courts
Contempt regarding subordinate courts is generally handled by the High
Court.