Contempt Of Court

INTRODUCTION

For the proper functioning of a civilized society implementation of proper law and order is something very much required. No social development is possible in its absence as it leads to dishonesty, fearlessness and inappropriate behavior towards the fellow beings.

“Contempt of Court” often referred to as “contempt” is a serious offense of being disrespectful or to be disobedient towards the authorities of law that opposes the dignity of the court and hampers the proceedings of justice.

While bona fide criticism of any system or institution is it judiciary should never be objected upon and subjected to any pretext. Article 215 as well as Article 129 talks about holding an individual in a charge of contempt if an attempt is made to degrade or abject the supreme authority or any ongoing procedure of law.

Contempt can be categorized into two major types:

  • Firstly, being disrespectful to legal authorities in the courtroom., or,

  • Secondly, willfully failing to obey a courts order.

Certain guidelines for the jurisdiction have been laid down as follows:

  • Desirable use of jurisdiction should be economical.

  • The goal should be to maintain harmonious relation between free criticism and the judiciary.

  • Freedom of press is very important; even when its direct target is court itself.

  • Emotions should not become a barrier for the judges as over sensitivity may lead to distortion when criticisms turn to overpower the limits.