Contempt of Court

Reviewed by Sujaini | Updated on Sep 28, 2020

What is Contempt of Court?

The word 'Contempt of Court' is a generic word describing a behaviour concerning particular proceedings before a court of law which tends to weaken that system or prevent people from using it to settle their disputes.

The term 'Contempt of Court' can easily be interpreted as if we are disrespectful or disobedient to the court of law, which means that we are rude. In that case, the judge has the power to enforce penalties, such as fines, or if found guilty of Contempt of Court, he may send the contemnor to prison for a specified period.

Breaking Down Contempt of Court

In India, the definition of Contempt of Court is specified in section 2(a) of the 1971 Contempt of Courts Act, which has broadly identified it as civil contempt or criminal disregard.

There are two sections in India's Constitution that speak of the Court's contempt, and these are Sections 129 and 142(2).

Section 129 Article 129 stipulates that the Supreme Court shall be the 'Court of Record' and shall have all the rights of other courts, including the power to prosecute itself for contempt.

The 'Court of Record' means a court having recorded its actions and trials for eternal memory or that memory which has no end and as testimony or facts. The validity of these documents is not disputed, and these documents are not regarded as a higher authority. Something that was reported against the facts of those documents constituted Contempt of Court.

Section 142(2) This article states that when Parliament enacts any law on the provisions referred to in clause 1 of this article, the Supreme Court shall have all the power to make an order to secure the attendance of any person, to produce any records, or shall have the ability to punish any person for their contempt.

That also does not mean that the Supreme Court, if it has the power to punish for Contempt of Court, may do anything against the right to personal liberty.

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