Contempt of Court - Criminal Contempt

Contempt of Court - Criminal Contempt

             According to S.2(a) of Contempt of Courts Act 1971, provides , “Contempt of court” means civil contempt or criminal contempt.

That means There are two categories of Contempt of Court.

 

1)Civil Contempt and;

 

2) Criminal Contempt.

 

 Criminal Contempt of Court

According to S.2(c) of contempt of courts Act, 1971 , “Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-

(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.

Criminal contempt is a conduct directed against dignity of Court. Criminal contempt is directed against the power and dignity of the court. The definition of criminal contempt is wide enough to include any act of a person which would tend to interfere with the administration of justice or which would lower the authority of the court .

To constitutes a criminal contempt. It is not necessary that the publication or other acts have actually resulted in scandalizing on lowering the authority of the court to but it is enough that the act is likely to result in scandalizing. Thus the offence of content is complete by mere attempt and does not depend on the actual deflection of justice.

' Scandalize' connotes to speak falsely  or maliciously,  to bring into reproach, dishonor, disgrace to offend the feelings, conscience or propriety of an action. Scandalize also means to offend moral feelings, and to make a public scandal of , utter false or malicious reports of a persons conduct, slander , or to  bring some or discredit or disgrace. We can say that the word scandalise is defamatory,  derogatory , false malicious, disgraceful statements regarding the person Judges.

It  is for the court  to decide whether or not the publication or act is likely to scandalise or  lower the authority of the court or interfere with due course of any judicial proceedings or administration of Justice.

The publication act will be taken as a criminal contempt, it  has resulted in scandalizing the authority of the court or interference with the due course of judicial proceedings or interfering the administration of justice of justice in any matter.

The world Publication was given very wide meaning. The publication maybe by words( written or spoken) by Signs or by visible representations or otherwise of any matter.
But in the Act , it is not clear as to whether the publication should be taken to mean publication to the general public or any kind of publication.

Abuse of the process of court calculated to hamper the due course of a judicial proceedings or the administration of justice amounts to contempt of Court.