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Contempt of Court

The document discusses the history of contempt of court from ancient times through British rule in India. In ancient times, disobeying a king's orders or court decisions was considered contempt. British courts assumed contempt powers and introduced the concept to India by establishing courts of record. The modern Indian contempt of court law is based on the English concept and various contempt of court acts were passed over time to define the law.

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27 views2 pages

Contempt of Court

The document discusses the history of contempt of court from ancient times through British rule in India. In ancient times, disobeying a king's orders or court decisions was considered contempt. British courts assumed contempt powers and introduced the concept to India by establishing courts of record. The modern Indian contempt of court law is based on the English concept and various contempt of court acts were passed over time to define the law.

Uploaded by

swamini.k65
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Contempt of Court

Ancient

1. In the ancient times, primarily it was conceived to be the duty of the King to
administer Justice by hearing litigation and in doing so he was directed to
take the assistance of Councillors who were to act assessors or adviser of the
King.
2. When the king himself could not preside over the deliberations of the Court
by reason of other avocations, it was directed that he should appoint a Judge
to act as his delegate along with Councillors.
3. King was fountain of justice, judicial system and code of conduct in all
walks of life. Similarly, whosoever disobeyed decisions or orders or of Court
or dictates or Ordinance issued by King was held to have committed
contempt or Avman, or Utkraman, Ullanghan and was punished.
4. Along with the filing of the plaint the temporary injunction could be
obtained and that was called as Asedhuh an injection was to be obeyed by
the defendant till he appeared and got it vacated.
5. In Katyayan Smriti (104 to 105) there is a mention that in such
circumstances, in case an injection was served on the dependent and it was
disobeyed it was punishable.
6. Disobedience of the order of Court was contempt and was punishable.
7. For the contempt of court punishment provisions was made, the kinds of
punishment that could be awarded have been mentioned in Narada Smurti
(1-47) Smriti Chandrika as local arrest, temporary arrest, inhibition from
traveling and restraining from doing certain specific acts.

Introduction of Contempt law by Britisher in India

1. The present law relating to contempt of Court is however, based on the


English law concept.
2. The British courts from the earliest legal history assumed the power of
contempt of court against those who obstructed the administration of justice.
3. In England, the Courts of Record have inherent powers to punish the
contempt itself and also the Court subordinate to it since the advent of
judicial system.
4. The Superior Court being court of Record has inherent power to punish
contempt of itself and courts subordinate to it. Thus the contempt power of
the Superior Court does not base on any statutory enactment but on the
common law principle that the concept is inherent in every court of record.
5. The contempt of law introduced in British India by setting up of the Court of
Record through a charter of 1687 issued by the East India company for the
establishment of Mayor's Court at Madras.
6. Thereafter charter of 1726 occupied and important places in the
development of the administration of justice in India.
7. Before 1726, there was no uniform judicial system in all three Presidency
towns, for example Bombay, Madras and Calcutta.
8. The Mayor court was reconstituted in 1753 and thereafter also, it
remained the court of Record having power to punish for contempt of Court.
9. In 1774, the Calcutta Mayor's Court was replaced by Supreme Court
10.The Indian High Courts Act, 1861 replaced the Supreme Courts of
Calcutta and Madras by unification of Company's Court and Crowns
Courts.
11.The High Court was a Court of record, had a power to punish for its
Contempt.
12.The first Contempt of Court Act was enacted in the year 1926 which was
repealed and replaced by the Contempt of Courts Act, 1952.
13.The Act of 1952 made some notable changes, the Act empowered the court
of Judicial commissioner to punish the Contempt of court subordinate to it.
14.However, the Contempt of Court Act, 1952 was not satisfactory as there
were certain defects, for example., The definition of Contempt of Court and
defenses available to contemner etc. not given.
15.The Contempt of Courts Act, 1971 came into force on 24 December 1971
and replaced the earlier Contempt of Court Act, 1952.

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