Which of the following statements is/are incorrect? 1. Civil contempt of court is written or spoken words or any act that scandalizes the court or lowers its authority or prejudices or interferes with the due course of a judicial proceeding or interferes/obstructs the administration of justice. 2. Criminal contempt of court is the willful disobedience of a court order or judgment or willful breach of an undertaking given to a court.
Which of the following statements is/are incorrect? 1. Civil contempt of court is written or spoken words or any act that scandalizes the court or lowers its authority or prejudices or interferes with the due course of a judicial proceeding or interferes/obstructs the administration of justice. 2. Criminal contempt of court is the willful disobedience of a court order or judgment or willful breach of an undertaking given to a court. Correct Answer Both 1 and 2
The correct answer is Both 1 and 2.
- Contempt of court, as a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
- There are two types of Contempt of court
- Civil contempt of court is the willful disobedience of a court order or judgment or willful breach of an undertaking given to a court. Hence, Statement 1 is not correct.
- Criminal contempt of court is written or spoken words or any act that scandalizes the court or lowers its authority or prejudices or interferes with the due course of a judicial proceeding or interferes/obstructs the administration of justice. Hence, Statement 2 is not correct.
Key Points
- The basis for contempt of court :
- Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
- Article 215 conferred a corresponding power on the High Courts.
- The Contempt of Courts Act, 1971, gives statutory backing to the idea.
- Article 19(2) - contempt of court was made one of the restrictions on freedom of speech and expression.
- What is not contempt of court?
- Fair and accurate reporting of judicial proceedings will not amount to contempt of court. Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.
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Feb 20, 2025