Contempt of Court

Contempt of court in India is governed by the Contempt of Courts Act, 1971. It is classified into two categories: civil contempt and criminal contempt. Civil contempt means willful disobedience to any judgment, decree, direction, order, writ, or other process of a court, or willful breach of an undertaking given to a court. Criminal contempt means publication or doing any act which scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court, or prejudices or interferes with the due course of any judicial proceeding, or obstructs or tends to obstruct the administration of justice.

The power to punish for contempt is vested in the Supreme Court under Article 129 and in High Courts under Article 215 of the Constitution. This power is inherent and cannot be taken away by legislation. The punishment for contempt may extend to simple imprisonment for a term up to six months, or fine up to Rs. 2,000, or both.

Truth is a valid defense in contempt proceedings if the contemnor can prove that the publication was made in public interest and the request for invoking this defense is bona fide. However, the 2006 amendment introduced this defense, and it must be specifically pleaded. Fair and accurate reporting of judicial proceedings is also protected.