Understanding Contempt of Court in India: Civil vs Criminal Contempt

What is Contempt of Court?

Contempt of court, governed by the Contempt of Courts Act, 1971, includes acts that scandalize the court, interfere with judicial proceedings, or obstruct justice. It is classified into civil and criminal contempt.

What is Civil Contempt?

Civil contempt, under Section 2(b), involves wilful disobedience of court orders, such as ignoring a maintenance or stay order. It aims to compel compliance.

What is Criminal Contempt?

Criminal contempt, under Section 2(c), includes actions that scandalize the court, prejudice judicial proceedings, or obstruct justice, such as defaming a judge or interfering in a case.

Key Differences

• Nature: Civil contempt is remedial; criminal contempt is punitive.
• Objective: Civil contempt ensures compliance; criminal contempt protects the judiciary's integrity.
• Burden of Proof: Civil contempt requires proof of wilful disobedience; criminal contempt requires intent to harm the judicial system.
• Penalty: Both can lead to up to six months imprisonment or a ₹2,000 fine, but courts often prefer apologies in civil cases.

Contempt and Freedom of Speech

While freedom of speech is protected under Article 19(1)(a), contempt laws impose reasonable restrictions to maintain public trust in the judiciary.

Final Thoughts

Contempt laws safeguard judicial independence. Courts exercise restraint but act firmly when the line is crossed to protect justice, not egos.