Monday, August 08, 2022

Explained: What is Contempt of Court?

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.

, Edited by Explained Desk |
Updated: April 30, 2019 7:48:35 pm

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In its April 10 order, the Supreme Court had rejected the Centre’s objections to the admissibility of certain documents submitted by review petitioners in the Rafale deal matter

The Supreme Court Tuesday granted another opportunity to Congress president Rahul Gandhi to file one more affidavit relating to his ‘chowkidar chor hai’ remark against Prime Minister Narendra Modi while referring to the Rafale judgment of April 10. He had previously expressed regret over the remark after the apex court said it was “incorrectly attributed” to it.

Commenting on the remark, BJP leader Meenakshi Lekhi, who had filed the criminal contempt plea against Gandhi, stated it is the grossest kind of contempt. In its April 10 order, the apex court had rejected the Centre’s objections to the admissibility of certain documents submitted by review petitioners in the Rafale deal matter.

READ | Rahul expresses regret again, Lekhi shoots off reply: Bid to justify remark

What is Contempt of Court?

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According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt. Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. On the other hand, criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

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.

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