A summary of the recommendations will be found in Chapter In case of India, under Section 2 a of the Contempt of Courts Act of defines contempt of court as civil contempt or criminal contempt, it is generally felt that the existing law relating to contempt of courts is somewhat uncertain, undefined and unsatisfactory.
This was rectified only in by an amendment to the Contempt of Courts Act.
The law places restrictions on the publication of potentially prejudicial material through the strict liability rule. Inthe Contempt of court Act was passed to bring transparency in the concept of contempt of court and to punish for the contempt of subordinate courts.
The Committee made a comprehensive examination of the law and problems relating to contempt of Court in the light of the position obtaining in our own country and various foreign countries.
Black Odgers enunciates that it is contempt of court to publish words which tend to bring the administration of Justice into contempt, to prejudice the fair trial of any cause or matter which is the subject of Civil or Criminal proceeding or in anyway to obstruct the cause of Justice.
Where the contempt consists in mere failure to comply with or carry on an order of a court made for the benefit of a private party, it is plainly civil contempt. Civil Contempt Under Section 2 b of the Contempt of Courts Act ofcivil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
Once this concept of popular sovereignty is kept firmly in mind, it becomes obvious that the people of India are the masters and all authorities including the courts are their servants. Motilal Ghose The Calcutta High Court in has explained the difference between civil contempt and criminal contempt.