CONTEMPT OF COURT

Meaning and Nature

 The Contempt of Court Act, 1971 defines contempt of court for the first time. There is no
statutory definition of contempt of court. Whatever definition provided under this act is not a
definition but only classification of the term contempt of court. Contempt of court in general
means to offend the dignity of the court and lower the prestige of the court.
 Halsbury defines as follow “any act done or writing publish which is calculated to bring a Court
or judge into contempt or to lower his authority or to interfere with the due course of justice or
the lawful process of the court is contempt of court.”
 Contempt of court is disobedience to court by acting in opposition to the authority, justice and
dignity thereof. It signifies a willful disregard or disobedience of courts order.
 Section 2(a) of the Contempt of Court Act, 1971 defines contempt of court as civil contempt or
criminal contempt.

Kinds of contempt of courts:

 Civil contempt and Criminal contempt.
 Section 2(a) of the contempt of courts Act, 1971 provides that “contempt of court” means civil
contempt or criminal contempt. It, thus, classifies the contempt of court into two categories, civil
and criminal contempt.
 The interference with the administration of justice may be in the form of willful disobedience to
the order of the court or in the form of scandalizing the court or lowering the authority of the
court in the eye of the public or interfering with the due course of any judicial proceedings, etc.
 On account of it, the willful disobedience to the order of court is considered civil contempt, while
the scandalizing or lowering the authority of the court in the public eyes, etc. is considered
criminal contempt. Thus, the interference which is considered less injurious to the administration
of justice is taken as civil contempt while the interference which is considered more injurious to
the administration of justice is taken as criminal contempt.

Contempt by Lawyers
 On account of nature of the duty to be discharged by the lawyers and the judges they may get into
heated by law which may result in contempt of court. There are several instances of the
misconduct such as using insulting language against the judge, suppressing the facts to obtain
favorable order, imputation of partiality and unfairness against the judge. A council who advices
his client to disobey the order of court is also held liable for contempt of court. Attacking the
judiciary in the bar council election is taken as contempt of court. If the council refuses to answer
the question of the court is also liable for contempt of court.
 In Re Ajaykumar Pandey case the Supreme Court held that advocate using intemperate language
against various judicial officers and attributing motives to them while discharging there judicial
function would be held guilty of contempt of court. In this case such advocate was sentenced or
punished to 4 months simple imprisonment and fine of rupees 1000/-.
Contempt by Judges, Magistrates or other person acting judicially
 Section 16 of Contempt of Court Act, 1971 makes judges, magistrates and other person liable for
contempt of court. This section provides that subject to the provision of any law for time being in
force a judge, magistrate or other person acting judicially shall also be held liable for contempt of
his own court or any other court in same manner as any individual is liable and provision of this
act shall also be applied accordingly. This provision is not applicable to any reward or expression
delivered by a judge in a matter which came before him in appeal or revision. Actually the
contempt of court is punished not to protect the judge personally but to safeguard the dignity of
the seat of justice so that people’s faith in the judicial administration may not be shaken.

Contempt liability of state, corporate bodies and there officers

 As state becomes welfare state, now it is well settled that state shall not immune from contempt
liability and therefore it will be held liable for contempt of court. In Mohammad Aslam v. Union
of India the chief minister of Uttar Pradesh Kalyan Singh had given the undertaking to the court
for protecting the Babri Masjid in his personal capacity as well as in his official capacity. He was
found guilty of willfully committing breach of undertaking and therefore the court sentenced him
to one day token imprisonment and fine of rupees 2000/-. The minister or officer of government
is also either in his official capacity or if there is personal element contributing to contempt in his
personal capacity, is liable in contempt.

CONTEMPT PROCEEDING – NATURE AND MAIN FEATURES

 Contempt jurisdiction is a special jurisdiction. Summary procedure is a special feature of the
contempt proceeding. In England the common law has power to deal summarily with contempt
committed in their presence. However, in the early days the distinction was made between the
acts in and out of the presence of the judge. The summary procedure was adopted in case of the
contempt committed in presence of court and not in the case committed outside the court, except
the contempt by the officer of the court. In India also the courts of record which are provided
under article 229 of the constitution can deal with summary of all types of contempt. It was held
in Re Abdul Hassan Jauhar 1926, that there is uniformity in the judicial opinion that the power to
punish summarily for contempt is not a creature of statute but inherent incident of every court of
record i.e. it is a power available to every court of record because being a court of record. The
high court and federal court were recognized as courts of records even under the government of
Indian Act, 1935. The existing constitution of India contents specific provision for recognizing
the high court and Supreme Court as court of record. Article 129 provides that the Supreme Court
shall be court of record and shall have all the powers including the power to punish for contempt
itself. Similarly article 215 provides that every high court shall have power which includes power
to punish for contempt of itself and such high court considers court of record as like article 129.
Contempt in face of subordinate court
 Provisions of section 14 apply only to the contempt in face of Supreme Court and high court.
They do not apply to the subordinate court. In case of subordinate court it can take immediate
action under section 228, 345 and 346 of Indian penal code and criminal procedure code. Section
345 of criminal procedure code lays down the procedure or investigation and punishment for the
offences specified in section 175, 178, 179, 180 or 228 of Indian penal code.

Contempt outside court which is known as constructive contempt

 Section 15 of the act deals with criminal contempt other than those covered by section 14. Section
15 of contempt of court act, 1991 read as cognizance of criminal contempt in other cases. In case
of criminal contempt other than referred under section 14 the Supreme Court or high court
maintain action on its own or motion made by:
1. Advocate general
2. Any other person with the comment in writing of advocate general
3. In relation to any high court of the union territory of Delhi, such law officer as the central
government may specify in the official gazette or any other person on behalf of such law officer.

Conduct of Advocate
Professional and other misconduct: Section 35 of the Advocates act, 1961, deals with punishment for
professional misconduct and the procedure to be followed in such cases.
 As per sec. 35(1) – where on receipt of a complaint or otherwise a state bar council has reason to
believe that any advocate on its roll had been guilty of professional or misconduct; it shall refer
the case for disposal to its Disciplinary committee.
 As per section 35(1-A) State Bar council has a discretionary power to withdraw a proceeding
pending before its disciplinary committee and direct the inquiry to be made by any other
committee.
 The term misconduct has not been defined in the advocate act, 1961.It inter alia include breach of
discipline, improper behavior, intentional wrong doing or deliberate violation of a rule of
standard of behavior. As the obvious sense suggests, misconduct in the course of profession is
known as professional misconduct. The expression “professional or other misconduct” occurring
in section 35 of the advocate Act means misconduct in a professional or other capacity.
 Although the power of the Bar council is not limited, the thrust of charge must be such which
would necessitate initiation of disciplinary proceedings. In following conditions professional
misconduct is presumed:-
a) Seeking adjournments without making alternative arrangement.
b) Misappropriation of client’s money.
c) In cases of remiss in the performance of their duties in a manner which is worthy of their
profession ( Advocate owes duty not only to the client, but also to the court)
d) Innocence of the client cannot be taken advantage of.
e) Restitution not enough to condone the misconduct.
 f) Negligence (gross misconduct or misconduct relating to dereliction of duty by the advocate
towards his client or case.)

Procedure to be followed in case of professional misconduct:-

The body or authority empowered to punish for professional misconduct or other misconduct:-
i. State Bar council and its disciplinary committee. (section 35 of Advocates Act) This particular
section provides the right of the Bar council to entertain complaints agenized an advocate, constitute a
disciplinary committee, procedure of conducting the proceedings and power to make orders into it.
ii. Section 42 of the Act deals with the powers of the disciplinary committee.
iii. Section 43 provides for the provision for the cost of proceedings before the disciplinary committee
iv. Section 44 provides for the provision for review of its order, within 60 days of the date of the order
passed by it.
v. Section 35-B makes provision in respect of the disposal of the disciplinary proceedings. It should be
concluded within a period of 1 year from the date of receipt of the complaint. If not concluded it
should be forwarded to Bar council of India.
vi. Bar council of India and its disciplinary committee.(section 36 of the Advocates act).
vii. Complaint against advocates and procedure to be followed by the disciplinary committee:
a. A complaint against an advocate shall be in form of a petition duly signed by and
verified as required under the code of civil procedure.
b. If the complaint is not in English, a translation thereof in English shall be filed along
with the same.
c. It is the duty of the secretary of the Bar council to see that every complaint shall be
accompanied by the fees as prescribed and all relevant documents and copies as
required. If the complaint is found in order it shall be registered and placed before the
Bar council for such order as it may deem fit to pass.
d. After registration of the complaint and when it is being forwarded to a disciplinary
committee, the registrar shall send a notice to the advocate concerned requiring him
to show cause and to submit the statement of defense, documents and affidavit in
support of such defence.
e. Chairman of the disciplinary committee shall fix a date, hour, and place of enquiry
which shall be within 30 days of the receipt of the reference. The registrar is required
to give notice of the same along with a copy of the complaint and all relevant
documents to all concerned.
f. Parties can appear in person or through an advocate.

viii. All proceedings and evidence given before the disciplinary committee shall be recorded in English. A
record of its day-to-day proceedings shall be recorded in a case diary.
ix. If in an enquiry pending before the disciplinary committee, the complainant dies and there is no legal
representative to conduct the case on his behalf, the committee may makes an suitable order on the
basis of the material before it, or drop the case.
x. The registrar of the disciplinary committee is required to send to each of the parties in the
proceedings a certified copy of the final order or judgment.
xi. Section 35 and section 36 respectively provides state and Bar council of India a power to its
disciplinary committee to punish an advocate for the professional or other misconduct.
 Remedies against the order of punishment;-
 Review under section 44 of the Advocate Act provides that the disciplinary committee of the Bar
council may of its own motion or otherwise review any order, within 60 days of the date of date of
the order passed by it.
 Appeal: As per section 37 of the Advocate Act any person aggrieved by an order of the disciplinary
committee of a state bar council, may make an appeal to the Bar council of India.
 Appeal to the Supreme Court: - Section 38 of the Advocate act provides that any person aggrieved by
an order of the Bar council of India under section 36 or section 37 or the Attorney- General of India
or the Advocate-General of the state concerned, as the case may be , may prefer an appeal within a
period of 60 days of the date.

Notes Compiled by,

Manas Unnikrishnan
Assistant Professor