Presented by : Anjana Tanwar Priya Devwanshi Rohit Chawla Anshika Bhatnagar Priyanka Nigam Diliraj Dhabhole Krishna Rao Raja Bhantia Pema Khandu
Meaning Contempt of Court (COC) is nothing but lowering down the prestige of court. Essence of respect towards court is the objective of COC Act. Any conduct that tends to bring the authority and administration of law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation.
Evolution of COC Rationale behind contempt power Origin and History of contempt power Law of COC in India Indian Penal Code and COC Indian Constitution and COC Later Development in Contempt Laws
The Contempt of Courts Act,1971 An Act to define and limit powers of certain courts in punishing contempt of courts and to regulate their procedure in relation thereto. It extends to the whole of India except the state of Jammu and Kashmir. Contempt of Court – Civil or Criminal
Historical Development of The Contempt of Courts Act,1971 13th century-in the form of physical obstruction to kings and justices 17th century-tool to compel performance as between parties 19th century-british also introduced following the establishment of Courts of Record
Legislative History The Contempt of Court Act,1926 No provision regarding courts subordinate to chief courts and judicial commissioners and for extra territorial jurisdiction of high court The Contempt of Court Act,1952 Revised the definition of “High Court”, the provisions were sound but scope was limited The Contempt of Court Act,1971
The Contempt of Courts Act,1971-Main Features Innocent publication and distribution of matter - not contempt (Sec.3) Fair and accurate report of judicial proceeding - not contempt (Sec . 4) Fair criticism of judicial act - not contempt(Sec.5) Complaint against presiding officers of subordinate courts when not contempt- in respect of any statement made by him in good faith (Sec.6) Publication of information relating to proceedings in chambers or in camera - not contempt except in certain cases (Sec . 7 )
Procedure to deal with the Contemnor
Where contempt is in the face of the supreme or a high court The court may cause such person to be detained in custody, and, at any time before the rising of the court, on the same day, or as early as possible thereafter, shall a) cause him to be informed in writing of the contempt with which he is charged; (b) afford him an opportunity to make his defence to the charge; (c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and (d)make such order for the punishment or discharged of such person as may be just Hearing of cases of criminal contempt has to be by a bench of not less than 2 judges.
Cognizance of criminal contempt in other cases The Supreme Court or the High Criminal contempt of a Court may take action on its own subordinate court motion or on a motion made by (a) the Advocate-General, or High Court may take action on a (b) any other person, with the reference made to it by the consent in writing of the Advocate- subordinate court on a motion made General by : (c) in relation to the High Court for • the Advocate-General or, the Union territory of Delhi, such Law • in relation to a Union territory, Officer as the Central Government by such Law Officer as the Central may, by notification in the Official Government may, by notification in Gazette, specify in this behalf, or any the Official Gazette, specify in this other person, with the consent in behalf. writing of such Law Officer.
Appeals An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt where the order or decision is that of a single judge, to a Bench of not less than two Judge of the court; where the order or decision is that of a Bench, to the Supreme Court. An appeal shall be filed in the case of an appeal to a Bench of the High Court, within thirty days; in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against. No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.
Punishment for contempt of court A contempt of court may be punished with simple imprisonment for a term which may extend to six months, or fine which may extend to two thousand rupees, or both Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
Civil Contempt
Definition Under Section 2(b) it is defined as “ Wilful disobedience to any judgment, direction, order, other process of a court or Wilful breach of an undertaking given to a court . ” In a simple language: “It refers to behavior which disobeys the authority of a court. ”
Purpose 1. Civil contempt essentially initiated for effective implication of an order. 2. It is said that the object of civil contempt is primarily to enforce the order violated and to punish the accused is only of secondary consideration. 3. It is a action to enforce compliance with the order of the court or to compensate for losses or damages sustained by reason of non-compliance.
Essentials of civil contempt 1. The making of a valid court order 2. Knowledge of the order by respondent 3. Ability of the respondent to render compliance 4. Wilful disobedience of the order
Examples 1. Civil contempt is committed when a court's order is wilfully disobeyed 2. Putting an accused in hand cuffs before court is clear violation of the directions of the court is civil contempt. 3. When party is ordered to turn over financial records within 30 days but refuses to do so. 4. Md. Ikram Hussain vs State of Uttar Pradesh. The court asked the apeallant to produce his daughter in a matter of Habbeas Corpus . He made false excuses and did not produce her . He was found guilty.
5. In a divorce case, the interim maintenance and expenses of proceedings were granted against the husband but he did not pay. The wife filed a contempt petition against the husband who took the plea that no contempt was made out, and wife can take recourse to execution proceedings. It was held that civil contempt was made out and the wife cannot be forced to take recourse to execution proceedings – Immediate relief ( Sarla Devi Bharat Kumar Rungta v. Bharat Kumar Shiv Prasad Rungta)
6. Union of India vs Oswal mills The court held that ‘when as a result of an order of the high court in a writ petition ,an application for license was to be disposed of by the statutory authority no contempt can be said to be committed merely because there is failure to dispose of the petition’ . Any order of the court should give sufficient time for compliance before contempt proceedings can be initiated.
Criminal Contempt It means the publication i. by words, spoken or written, ii. by signs, iii. by visible representation, iv. or otherwise of any matter or the doing of any other act whatsoever which :- (*) Section 2(C) of Contempt of Courts Act,1971
i. Scandalizes or tends to Scandalize, or lowers or tends to lower the authority of, any court; or ii. Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or iii. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;
Courts who can hear Contempt Supreme Court of India and High Courts can hear I. their own contempt and also contempt of all subordinate courts under their jurisdiction For this purpose, all Civil, Criminal and Revenue II. Courts, are courts within the meaning of the Contempt of Courts Act The Central Administrative Tribunal and A.P . III. State Administrative Tribunal , though are subordinate courts to the High Court but they can hear their own contempt
Defenses to a charge of contempt 1. Innocent publication and distribution of matter 2. Fair and accurate report of judicial proceeding 3. Fair criticism of judicial act 4. Complaint against presiding officers of subordinate courts. 5. Publication of information relating to proceeding in chambers or in camera except in certain cases
Impact on Executive Functions LEGISLATURE EXECUTIVE JUDICIARY
Impact on Executive Functions Basic function of the executive is to implement/enforce laws, policies and rules laid down by the State Basic function of judiciary is to adjudicate on breach of laws made by the legislature and direct the executive to carry out the orders required for executing the adjudication process Problem: Courts of Law Courts of Justice
Impact on Executive Functions Positives :- Enforcing rule of law habitual Obedience of Laws Ensuring smooth functioning of all the organs of the state and be an arbiter in case of dispute smooth completion of judicial process Executive lethargy Addressing gross injustice
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