Authored by: Akash Awana, A Final Year Student (2021) of Faculty of Law, University of Delhi
INTRODUCTION
The ‘Contempt’ has not been defined anywhere in Indian Legislation but it is vaguely mentioned under the definition clause under section-2(a) of the Contempt of Court Act 19711 as Civil and Criminal Contempt. There are different cases relevant to the evolution of this field of jurisprudence which clarifies the meaning and its application for the general public. If we see as per the rule of literal or grammatical interpretation of the legislation, The court can take the literal meaning of the term ‘contempt’ from the dictionary.
Section 10 to Section 13 of the Act enshrines provisions regarding the Punishment of Contempt of Court. The Power of the high court and its jurisdiction has been incorporated in Section 10 and Section 11 respectively. As far as the punishment in terms of imprisonment or Fine is concerned, This is broadly explained under provisions of Section 12 of the Act.
PUNISHMENT UNDER THE CONTEMPT OF COURT ACT2
Section 12 of the act provides for the punishment for contempt of court. It provides as follows-Punishment for contempt of court. —
(1) Save as otherwise expressly provided in this Act or any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court.
Explanation. —An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence over that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in the civil prison of each such person:
Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officers of the company, such director, manager, secretary or other officers shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in the civil prison of such director, manager, secretary or other officers.
Explanation. —For sub-sections (4) and (5), —
(a) “company” means anybody corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm
Provided that, nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
CONCLUSION:
The Powers of punishing the contemner exercised by our Courts in their jurisdiction exists for a bigger cause of protecting civil rights of fair trial and preventing interference with the course of justice and hence maintaining the supremacy of the rule of law as is administered in the Court premises and power to punish for contempt is certainly an extra-ordinary power which must be sparingly exercised but whenever and wherever the public interest necessitates the Court, It will not hesitate to exercise it and impose punishment even by way of imprisonment, in extreme cases where a mere fine may not be adequate and the due course of law is susceptible to be impeded.
