‘‘CONTEMPT OF COURTS ACT 1971 WITH THE JUDICIAL ASPECT’’
'Contempt of Court' Definition
In India, the concept of Contempt of Court is defined in Section 2(a) of the Contempt of Courts Act, 1971 which has broadly describe it as civil contempt or criminal contempt.
There are two Articles in the Constitution of India which talk about the Contempt of Court and these are Article 129 and Article 142(2).
● The law of contempt provides courts
with the necessary tools to verify attacks or unwarranted efforts to undermine
the rule of law.
● Indian people have great confidence in
the justice system, which is primarily responsible for the administration of
● The Hadi Hussain J. in the Nasir Uddin
Haider case, said that the 1971 Court Disdain Act had been enacted to dispel
doubts about the powers of a High court.
● The aim and aim of the contempt of the
judicial jurisdiction is to keep the majesty and dignity of the courts and
their majesty in the public's mind and that this is not reduced in any way.
The scope of this Act is limited to the limits of the power of the courts to punish contempt of court and, to regulate its proceedings against it, this law applies to the whole of India. It is limited to the powers of the High courts to sanction and denounce with criminal contempt, including before the courts, magistrates or other persons acting in court. Its concept is broader than in the sense of the higher courts, but does not apply to the nyaya panchayats or other village courts.
The Contempt of
the court is an extremely useful and powerful tool and can be broad against the
parties to the case, the lawyer, the judicial officers and the witnesses. It
can also apply to protesters against the court, order or trial outside the
courtroom. After the revocation of various acts, contempt of the 1971 legal act
came in order to reinforce the absence of civil and criminal disrespect of the
court with the powers of the superior and supreme courts to punish in violation
of this law.
- Utpal Kumar Das v. Court of the Munsiff, Kamrup 
- U.P. Resi. Emp. Co-op., House B. Society v. New Okhla Industrial Development Authority
- Jaswant Singh v. Virender Singh
Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006 states that no court will be penalized for Contempt the court under this Act, unless disrespect is likely to make it difficult or likely to significantly hinder the course normal justice.
- Supreme Court Bar Association vs Union Of India & Anr
- Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors
- Sudhakar Prasad vs. Govt. of A.P. and Ors.
- P.N. Duda vs V. P. Shiv Shankar & Others
- R.Rajagopal vs State Of T.N
- In Re: Arundhati Roy
- Indirect Tax practitioners’ Association v. R.K. Jain
- Justice Karnan’s Case