Essay on contempt of court in india

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.

Essay on contempt of court in india

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.

contempt of court procedure

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.

Contempt of court by lawyers in india

If it does not, then it does not amount to contempt of court even if it is harsh criticism. Further, the assumption that respect for the judiciary can be won by shielding judges from criticism misjudges public opinion. This concept in India has its origin from British Administration in India. This power given to judiciary should be used wisely and promptly. Abusing parties who are concerned in the cause, in the presence of court. It was that judging from the angle of the courts and administration of justice, there was not assemblage of doubt that the appellant was guilty of the contempt of court. Types According to Lord Hardwick, there is a three-fold classification of Contempt: 1.

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.

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Consultation Paper on Contempt of Court