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Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the statements given above is/are correct ?

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the statements given above is/are correct ? Correct Answer 1, 2 and 4

The correct answer is 1, 2, and 4 only.

Key Points

Contempt of court

  • It is the power of the court to protect its own majesty and respect.
  • The power is regulated but not restricted in the Contempt of Courts Act, 1971.
  • Contempt of Courts Act, 1971 was passed on the recommendation of the H. N. Sanyal Committee. Hence, Statement 1 is correct.
  • The Constitution Of India empowers Supreme Court and High Courts to punish for contempt of themselves. High courts have the power to punish contempt for lower courts under their respective jurisdiction. Hence, Statement 2 is correct.
  • The Constitution of India does not define any type of contempt of court, neither Civil contempt nor criminal contempt. Hence, Statement 3 is not correct.
  • However, 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, of 1971 defines both civil and criminal contempt.
  • Civil contempt refers to willful disobedience to any judgment of the court.

Criminal contempt can be invoked if an act:

  • Tends to scandalize or lower the authority of the court.
  • Tends to interfere with the due course of any judicial proceeding.
  • Obstruct the administration of justice.
  •  In India, it is the Parliament that has the power to legislate over the Contempt of Court. Hence, Statement 4 is correct.

Related Questions

Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
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Which of the above are correct?
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