Scandalizes or tends to scandalize, of lowers or tends to lower the authority of any court, or.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. Section 2(c) of The Contempt of Courts Act,1971 defines Criminal contempt. Under Section 2(b) of the The Contempt of Court Act, 1971 вЂ civil contemptвЂ™ is defined to mean wilful disobedience to any judgement, decree, order, direction or any other process of court or wilful breach of an undertaking given to the court. The Contempt of Courts Act, 1971 is divides the expression вЂcontempt of courtвЂ™ into two different categories: This act mentioned all the provisions to punish whomsoever hinder the path of the judiciary This was done because of the dissatisfactory, uncertain and undefined nature of Contempt of Court Act, 1952.Д¬ontempt of Court Act, 1971 was passed in a very pragmatic way and it actually beautified the idea of justice. Therefore it was replaced by Contempt of Court Act, 1952.But the Act of 1952 was again replaced by Contempt of Court Act, 1971 on the recommendations of the committee headed by H. In 1926, the 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.вЂќД«ut this Act did not contain any provisions regarding the contempt of courts lower to Cheif Courts and Judicial CommissionerвЂ™s court. It is not a power, conferred upon it by lawвЂќ. In one of the case ( Surendranath BanerjeeвЂ™s case), privy council observed that вЂњ вЂ¦a high court derives its power to punish for contempt from its own existence or creations.

This originated from an undelivered judgement of J Wilmot in 1765, where all the judges said the power of contempt of court was necessary to maintain the dignity of judges and vindicate their authority. This concept in India has its origin from British Administration in India. In the twelfth century, the idea of contempt of the king was considered as an offence and it was laid down in the laws during that time. With time, due to the increase in number of cases the burden on the king was shifted to a separate body created by the king and i.e. If anyone condemn or criticise him then he will be punished. His power was absolute and the subjects (common people) obey him with due respect. In ancient times king was regarded as the fountain of justice and he used to hear the cases himself. The law relating to contempt of court has developed over the centuries as the medium whereby the courts may punish the act of humiliating or lowering the courtвЂ™s dignity. The term contempt of court which is also know as Contemptus curiae has been in use since centuries and it is old as the law is. In case of India, under Section 2(a) of the Contempt of Court Act of 1971 defines contempt of court as civil contempt or criminal contempt, it is generally felt that the existing law relating to contempt of court is somewhat uncertain, undefined and unsatisfactory. It is criminal and can lead to fines or imprisonment. It is justice itself that is flouted by Contempt of court, not the individual court or judge who is attempting to administer it.ДЄccording to BlackвЂ™s Law Dictionary, it is the act of demeaning the court, preventing justice administration, or disobeying a sentence of the court.

According to Lord Diplock, he defines Contempt of court in a following way:-ДЄlthough criminal contempt of court may take a variety of forms they all share a common characteristic: they involve an interference with the due administration of justice, either in a particular case or more generally as a continuing process. If we desire respect for the law, we must first make the law respectable.Д¬ontempt of court is a matter which is concerning the fair administration of justice and the main aim is to punish whosoever hurts the dignity and authority of courts.

Contempt of court pdf