LEGISLATION REVIEW ON CONTEMPT OF COURT ACT, 1971 (ACT NO. 70 OF 1971)

LEGISLATION REVIEW ON CONTEMPT OF COURT ACT, 1971 (ACT NO. 70 OF 1971)

21 May, 2023

LEGISLATION REVIEW ON CONTEMPT OF COURT ACT, 1971 (ACT NO. 70 OF 1971)

Author – MUDRAGADA ISWARYA LAKSHMI

STUDENT AT ICFAI LAW SCHOOL, HYDERABAD

Best Citation – MUDRAGADA ISWARYA LAKSHMI, LEGISLATION REVIEW ON CONTEMPT OF COURT ACT, 1971, INDIAN LAW REPORTER, 1 (1) of 2023, Pg. 06-09, ISBN – 978-81-961120-3-5.

ABSTRACT

The Contempt of Court Act, 1971 is a law in India that defines and punishes acts that amount to contempt of court. The act provides for the punishment of both civil and criminal contempt of court. Civil contempt refers to willful disobedience of any judgment, decree, direction, order, writ, or other processes of a court or willful breach of an undertaking given to a court. Criminal contempt refers to any act that scandalizes or lowers the authority of the court, interferes with the administration of justice, or obstructs the process of the court. The act defines the powers of the court to punish contempt and lays down the procedure for initiating and conducting contempt proceedings. It also sets out the defenses that can be raised in a contempt proceeding and the limitations on the power of the court to punish contempt.

The Contempt of Court Act, 1971 aims to protect the authority and dignity of the courts and ensure the proper functioning of the judicial system. It serves as a deterrent to those who may otherwise attempt to interfere with the administration of justice or undermine the authority of the courts. The Contempt of Courts Act, 1971 originally did not recognize truth as a defense against charges of contempt of court. However, in 2006, an amendment was brought in to Section 13 of the Act, which now allows truth as one of the defense, subject to the condition that it is in the public interest and bona-fide in nature.

Keywords: Contempt of court, willful disobedience, civil contempt of court, Criminal contempt of court, contempt proceedings, Courts.

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