📜1. INTRODUCTION & BACKGROUND

The Contempt of Courts Act, 1971 is an Indian law that protects the dignity and authority of courts. Think of it like this — if courts cannot command respect and obedience, their orders become meaningless. This Act is the legal tool that ensures everyone — individuals, companies, even governments — must respect and follow court orders.

🔍 Why Was This Act Needed?

• Before 1971: Contempt powers existed under common law and the High Court Act, but were scattered and inconsistent.
• Consolidation Need: A single, clear law was needed to bring all contempt provisions under one roof.
• Constitutional Backing: Article 129 (Supreme Court) and Article 215 (High Court) of the Indian Constitution already gave courts the power to punish contempt — this Act gave those powers a detailed procedure.
• Based on Justice K. Subba Rao Committee: The Act was drafted based on the recommendations of this committee in 1963.

📌 Key Constitutional Provisions

📅 Important Dates & Sections

• Enacted: 24th December 1971
• Total Sections: 23 Sections
• Amendment: Amended in 2006 to add "truth" as a valid defence (Sec 13)
• Applies to: All of India including Jammu & Kashmir (after Art 370 abrogation)

📖2. DEFINITION OF CONTEMPT — Section 2

Section 2 is the heart of the Act. It defines three key terms you must know.

📌 Section 2(a) — "Contempt of Court"

📌 Section 2(b) — "Civil Contempt"

• Willful disobedience to any judgment, decree, direction, order, writ, or other process of a court.
• Willful breach of an undertaking given to a court (e.g., promising something in court and breaking it).
• Key word is "willful" — it must be intentional, not accidental.

📌 Section 2(c) — "Criminal Contempt"

• Publication (by words, spoken or written, by signs, visible representation, or otherwise) of any matter or doing any other act 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.

⚖3. TYPES OF CONTEMPT — At a Glance

Understanding the two types is the foundation of this entire subject. Here is the clearest comparison:

🏛4. CIVIL CONTEMPT IN DETAIL — Section 2(b)

Civil contempt is when someone deliberately refuses to follow what the court has ordered or what they promised to the court.

✅ Essential Elements of Civil Contempt

• There must be a valid court order/decree/undertaking — the order must be clear and unambiguous.
• Knowledge of the order — the person must know about the order.
• Willful disobedience — the breach must be deliberate, not accidental.
• Ability to comply — the person must be capable of following the order but choosing not to.

📋 What Qualifies as Civil Contempt?

• Refusing to pay money decreed by court.
• Not delivering possession of property as ordered.
• Continuing to act against an injunction (stay order).
• Breaking an undertaking (promise) given to court during proceedings.
• Not reinstating an employee as ordered by court/tribunal.

⚠ What Does NOT Qualify?

• Accidental or unintentional breach (there is no willfulness).
• Inability to comply due to genuine reasons (e.g., financial impossibility).
• Ambiguous orders that are difficult to interpret and follow.

🔑 Key Judgement

🚨5. CRIMINAL CONTEMPT IN DETAIL — Section 2(c)

Criminal contempt is a more serious form. It is about protecting the authority, dignity, and public confidence in the judiciary. Even if a judge personally doesn't feel offended, the act may still be criminal contempt if it affects public perception of courts.

📌 Three Branches of Criminal Contempt

Branch 1 — Scandalising the Court

• Making statements that lower the authority of the court in the eyes of the public.
• Attacking the integrity, character, or impartiality of judges in a way that shakes public confidence.
• Examples: Calling a judge corrupt, saying the judiciary is biased, personal attacks on judges.

Branch 2 — Prejudicing Court Proceedings

• Media reporting or public statements that can influence a pending case.
• "Trial by media" — when newspapers or TV channels declare someone guilty before court decides.
• Publishing details of in-camera proceedings (proceedings held privately).

Branch 3 — Obstructing Administration of Justice

• Physically threatening witnesses to prevent them from testifying.
• Bribing court officials.
• Creating disorder in court premises.
• Obstructing the execution of court process.

📌 Sections Providing Exemptions for Criminal Contempt

• Section 3: Innocent publication and distribution — not contempt if publisher had no reasonable grounds to believe proceedings were pending.
• Section 4: Fair and accurate reporting of judicial proceedings — protected from contempt.
• Section 5: Fair criticism of judicial acts (not on judges personally).
• Section 6: Complaint against judges in good faith to proper authority.

👤6. WHO CAN BE HELD IN CONTEMPT?

Almost anyone can be held in contempt if they disobey a court order or act in a way that undermines court authority. Here is the full list:

• Private individuals — most common in civil contempt for not following orders.
• Government officials & Ministers — can be held for not implementing court orders.
• Lawyers (Advocates) — for misbehaving in court, making false statements, or misleading courts.
• Companies & Corporations — held through their directors/officers.
• Journalists & Media Houses — for publishing prejudicial content.
• Police Officers — for not complying with bail orders, custody orders.
• Members of Parliament & State Legislatures — no special immunity for contempt.

🔒 Who CANNOT Be Held?

• Judges of Superior Courts — a judge cannot be held in contempt by the same court for their judicial acts.
• President & Governors — protected under Article 361 of the Constitution during tenure (though scholars debate this).

🏦7. POWERS OF COURTS — Sections 10 & 11

Supreme Court — Article 129

• Has inherent power as a Court of Record to punish contempt of itself.
• Powers extend to contempt of any court in India under Section 12.
• Can punish for contempt of subordinate courts as well.

High Courts — Section 10 & Article 215

• High Courts have power to punish contempt of themselves and their subordinate courts.
• This is a unique power — a District Court cannot punish contempt of itself; it must be reported to the High Court.
• The High Court alone can take action for contempt of subordinate courts.

Subordinate Courts — Section 11

• Do NOT have inherent contempt powers.
• Must report contempt acts to the High Court.
• The High Court then takes action on behalf of the subordinate court.

⚙8. PROCEDURE — HOW CONTEMPT CASES WORK

Understanding the step-by-step process is critical for your exam. Here is how a contempt case unfolds:

Step 1 — How Is a Case Initiated? (Section 15)

• Suo Motu: Court itself notices contemptuous act and acts on its own. No petition needed.
• By Motion: A person files a petition/motion before the High Court or Supreme Court.
• For Criminal Contempt: Consent of the Attorney General (for Supreme Court) or Advocate General (for High Court) is required — UNLESS the court acts suo motu.
• For Civil Contempt: Can be filed by the aggrieved party directly — no AG consent needed.

Step 2 — Notice to Contemnor (Section 17)

• Court issues a formal show cause notice to the alleged contemnor.
• The notice must clearly state the charge and give adequate time to reply.
• Natural justice principles apply — right to be heard is fundamental.

Step 3 — Hearing

• Contemnor appears and presents their defence.
• They can file an affidavit (written sworn statement).
• They have right to legal representation.
• If they don't appear, ex-parte proceedings begin.

Step 4 — Court's Decision

• If contempt is proved → Punishment under Section 12.
• If not proved → Case is dismissed, person is discharged.
• If person tenders unconditional apology → Court may discharge (Sec 12(3)).

Step 5 — Appeal (Section 19)

• Appeal from Single Judge of High Court → Division Bench of High Court.
• Appeal from High Court (Division Bench) → Supreme Court.
• No appeal lies from Supreme Court contempt orders (it is the final authority).

⏱ Limitation Period — Section 20

🛡9. DEFENCES AVAILABLE — Section 13 & Others

These are ways to escape contempt punishment. The 2006 Amendment added "truth" as a powerful defence.

Section 13(a) — Contempt Not Punishable in Certain Cases

• No court shall impose sentence for contempt unless it is satisfied that the contempt is substantially interfering or tending to interfere with the due course of justice.
• In other words — technical or trivial contempt is not punishable.

Section 13(b) — Truth as a Defence (Added in 2006)

• The court may allow justification by truth as a valid defence in contempt proceedings.
• But truth must be used in public interest and the request to plead truth must be a bona fide (honest/genuine) one.
• Simply saying "what I said is true" is not enough — you must show it serves public interest.

Other Available Defences

• Innocent Publication (Sec 3): If you published without knowing proceedings were pending, it is not contempt.
• Fair Comment (Sec 5): Fair criticism on the merits of a judicial act (not personal attack on judge) is protected.
• Good Faith Complaint (Sec 6): Making a genuine complaint about a judge to proper authorities is not contempt.
• Bona Fide Belief: If person genuinely believed the order was void or inapplicable to them.
• No Knowledge: Person was genuinely unaware of the court order.
• Apology: Though not technically a "defence," a sincere apology can lead to discharge (Sec 12(3)).

⚡10. PUNISHMENT — Section 12

Section 12 lays down the maximum punishment that can be given for contempt. Courts have wide discretion to decide the actual punishment within these limits.

Maximum Punishment Under Sec 12(1)

📌 Sec 12(2) — Enhanced Punishment (Company)

• If the contemnor is a company, every person in charge at the time of contempt is liable.
• Individual officers of the company can be imprisoned.

📌 Sec 12(3) — Discharge on Apology

• Court may discharge the contemnor or reduce punishment if they make a genuine, sincere, and unconditional apology.
• A half-hearted or conditional apology is often not accepted.
• Apology must be made at the first opportunity for best chances of acceptance.

📌 Sec 12(4) — Power to Consider Mitigating Circumstances

• Court can consider the contemnor's past record, remorse shown, and other circumstances before deciding punishment.

📌 Nolle Prosequi — Withdrawal by AG

• The Attorney General or Advocate General can file a nolle prosequi — a formal withdrawal of the criminal contempt case.
• This is a discretionary power exercised in public interest.

🤝11. APOLOGY & DISCHARGE

An apology in contempt proceedings is a very important tool. Courts take apologies very seriously — but they must be genuine.

What Makes an Apology Valid?

• Unconditional: "I am sorry, BUT..." type apologies are rejected.
• Sincere: Must reflect genuine remorse, not just a tactic to escape punishment.
• Timely: Offered at the earliest opportunity — not as a last resort.
• In Writing: Usually filed as an affidavit before the court.

Famous Apology Cases

📚12. LANDMARK CASES IN CONTEMPT LAW

🔴 Criminal Contempt Cases

🟢 Civil Contempt Cases

🔵 Defining Cases on Key Principles

📊13. COMPREHENSIVE COMPARISON TABLES

Table 1: Key Sections Quick Reference

Table 2: Contempt vs Free Speech Balance

Table 3: Contempt by Lawyers — Special Rules