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Contempt of Court

/kənˈtɛmpt əv kɔːrt/

Legal Term

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Definition

The offence of showing disrespect for or disobeying a court's authority or dignity. The Contempt of Courts Act, 1971 in India recognises two types: civil contempt (wilful disobedience of a court order or undertaking) and criminal contempt (publication of matter that scandalises or lowers the authority of the court, prejudices fair trial, or interferes with the administration of justice). Courts have inherent power to punish contempt.

Examples

A person who ignores a court injunction directing them not to sell disputed property and sells it anyway commits civil contempt.
Publishing articles predicting the outcome of an ongoing criminal trial or asserting the guilt of the accused before judgment is criminal contempt.

Case Study

In Re: Arundhati Roy (2002), the Supreme Court held author Arundhati Roy guilty of criminal contempt for alleging that the Court had 'disregarded' public protests against its dam order and for casting aspersions on the Court's integrity. She was sentenced to one day's simple imprisonment and a fine. The case raised significant questions about the balance between free speech and judicial authority.

Key Cases

In Re: Arundhati Roy

2002

(2002) 3 SCC 343

The Supreme Court convicted Arundhati Roy for criminal contempt. Highlighted the tension between free speech (Article 19(1)(a)) and judicial authority. One day's imprisonment imposed. Sparked debate on contempt law's compatibility with democratic free speech.

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Prashant Bhushan Contempt Case

2020

In Re: Prashant Bhushan — (2021) 1 SCC 745

Advocate Prashant Bhushan convicted of criminal contempt for two tweets criticising the Supreme Court. Sentenced to a fine of Re. 1. International criticism of the case reignited debate about the scope of contempt law.

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Synonyms

disobedience of court orderscandalizing the courtobstruction of justice

Antonyms / Opposites

compliance with court orderslegitimate criticismfair comment

Related Terms

Contempt of Courts Act 1971judicial authorityfair commentscandalising the courtcivil contemptcriminal contempt

Dictionary Entry

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