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Draft:Contempt of court

From The Justice Definitions Project


What is Contempt of Court?

Contempt of court refers to any act or conduct that is disobedient or disrespectful toward a judgment, lawful order, or the judges. It aims to punish any interference that offends the dignity and authority of the administration of justice. Power is assumed by government bodies to compel co-operation among the people and to punish wilful interference. This concept stems from the common law ideal of supremacy and independence of the judiciary.

In E.M.S. Namboodiripad v. T.N. Nambiar (1970)[1], the Supreme Court emphasized that contempt of court is not only disobeying or interfering with court proceedings but also public criticism of judges with the aim of undermining public confidence in the judiciary or portraying biased/prejudiced images of judges. This landmark case also drew the boundary between free speech granted by Article 19(a)[2] of the Indian Constitution and contempt of court.

Official Definitions

The Constitution

Article 129[3] and 215[4]of the Indian Constitution empowers the Supreme Court and the High Courts, respectively, to punish for contempt of themselves, recognizing contempt jurisdiction as an inherent power essential to judicial authority.

Article 129 declares the Supreme Court to be a “court of record,” and grants it power to punish for contempt of itself. Article 215 extends the same status to High Courts, enabling them to preserve the dignity, authority, and effective functioning of the judiciary. These provisions operate independently of the Contempt of Courts Act, 1971, which regulates procedure but does not curtail the constitutional power itself, as affirmed in multiple judicial pronouncements.

Contempt of Court Act, 1971

The act defines and catergorizes contempt as civil and criminal contempt under Section 2(b) and Section 2(c).

Exceptions

The Contempt of Courts Act, 1971[5] also details the actions that do not amount to contempt of court.

  1. Section 3[6] states that innocent publication and distribution of matter does not amount to contempt. This is applicable only in such situations where the person has no reasonable grounds to believe that the proceedings are pending at the time of publication or distribution. Additionally, publishing or distributing any matter which interferes/obstructs or tends to interfere/obstruct cannot be considered contempt of contempt if at that time, the proceedings are not pending.
  2. As mentioned in Section 4[7] and 5[8], a fair and accurate report of judicial proceedings and fair criticism of judicial acts does not amount to contempt of court.  
  3. A person is not guilty of contempt for any statement about a presiding officer of any subordinate court made in good faith.
  4. According to Section 7[9], the publication of information relating to proceedings in chambers or in camera is not contempt except in certain cases :
    • Where the publication is contrary to any legal provisions
    • Where the court - for public policy or in exercise of its vested power - expressly prohibits the publication of all information relating to the proceeding
    • Where the court sits in chambers or in camera for reasons connected with public order or the security of the State
    • Where the information relates to a secret process which is an issue in proceedings

The Act also expresses that it shall not be applicable in cases of contempt of Nyay Panchayats or any village court and [Section 20][10] states that no court can initiate proceedings after the expiry of the 1 year time period from the date on which the contempt was committed.

P.N Duda v. P. Shiv Shanker & Ors. (1988)

In the case of P.N. Duda v. P. Shiv Shanker Ors. (1988)[11] a petition was filed by P.N Duda, an advocate practicing in the Supreme Court against P. Shiv Shanker, the the Minister for Law, Justice and Company Affairs and other associated parties. The case revolved around the speech made by Shiv Shanker before the Bar Council of Hyderabad, which the petitioner contented was derogatory towards the Supeme Court, undermining the dignity anf imartiality.

The primary issue was whether Shiv Shanker's statements could be accounted for contempt of court under the Contempt of Court Act, 1971.

The Supreme Court held that while the speech containted criticisms, it did not account for contempt of court. The Court highlighted the importance of criticisms and stated that they do not undermine the administration of justice.

Types of Contempt

In India contempt is caterogized into civil and criminal contempt.

Civil Contempt

As per Section 2(b)[12] of Contempts of Court Act, 1971 civil contempt means wilful disobedience to any judgement, decreee, order, writ or other process of a court or wilful breach of an undertaking given to a court. Civil comtempt can be understood as a wrong of private nature and the injury is done to the interests of the individual or group of individuals entitles to benefit from the disobeyed order.

The action/omission should be deliberate and intentional. A person cannot be held liable for:

  1. They lack knowledge of the order
  2. Lack of willfulness, like accidental erros and genuine misunderstandings
  3. The disobeyed order is ambiguous
  4. The order has several reasonable interpretations, and the respondent compels with any one of those interpreations
  5. The order is impossible to perfom

In the case of Ashok Paper Kamgar Union And Ors. v. Dharam Godha And Ors. (2003[13]), the Supreme Court detailed that civil contempt requires wilful and deliberate disobedience. It was stated that mere inability or misunderstanding does not amount to contempt.

In the case of Babu Ram Gupta v. Sudhir Bhasin & Anr(1979)[14] decided that disobedience must be inetentional and conscious. Any accidental or bona fide non-compliance would be insufficient for contempt.

Criminal Contempt

Section 2(c)[15] of Contempt of Courts Act, 1971 defines criminal contempt as 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 with intent of:

  1. Scandalizing or lowering the authority of the court
  2. Prejudicing or interfering with the proceedings of the court
  3. Obstructing the administration of justice

Re: Arundathi Roy (2002)

In the case of Re. Arundathi Roy (2002)[16] the Supreme Court of India initiated suo moto criminal contempt proceedings agaunst Arundatho Roy, Medha Patkar and Prashant Bhushan following her remarks about the Supreme Court's administration of the Narmada Bachao Andolan case.

The Supreme Court held Arunadathoi Roy guilty of criminal contempt of court. It sustained taht her affidavit contained statements that scandalized the authority of judiciary and undermined public confidence in the institution. The court empahzied that freedom of speech and expression are subject to reasonable restrictions.

R.K. Anand v. Registrat, Delhi High Court (2009)

In R.K. Anand v. Registrat, Delhi High Court(2009)[17], two established lawyers were exposed while influencing an important witness in a hit-and-run case by the NDTV new TV channel. Senior advocate R.K Anand was held guilty for criminal contempt of court for his attempt to suborn a primary court witness.

The Supreme Court held that attempting to influence witness or derail justice constitutes serious criminal contempt.

Offences under BNS penalising contempt

While The Contempt of Court Act,1971 provides for the primary framework, Chapter XIII (Section 206 - 226) of the Bharatiya Nyaya Sanhita (BNS), 2023 [18](previously Chapter X of the Indian Penal Code (IPC), 1860) cover the offence of contempt of the lawful authority of public servants.

These offences can be categorized as :

Evading or obstructing legal process (Section 206 - Section 209)

Withholding information or documents from a public servant (Section 210 - 212)

Non-cooperation and dishonesty during examination/oath (Section 213 - Section 217)

Interference with property under lawful authority (Section 218 - Section 220)

Obstruction of, non-assistsncr to a public servant's functions (Section 221 - Section 223)

Threats aimed at public servants or complainants (Section 224 and Section 225)

Attempt to commit suicide to comepl or restrain exercise of lawful power ( Section 226)

Appearance in Official Databases

National Judicial Data Grid (NJDG)

The National Judicial Data Grid (NJDG)[19] captures contempt-case–related data by systematically recording how each court categorizes, registers, and disposes of contempt proceedings within its case-information system. NJDG reflects the court-specific and bench-specific classifications adopted by the Supreme Court and various High Courts, such as civil contempt, criminal contempt, suo motu contempt, appeals arising from contempt proceedings, and original petitions in contempt. Data is updated in near real time from the e-Courts system, enabling NJDG to display institution, pendency, and disposal figures year-wise and category-wise. Thus, NJDG functions as an aggregative platform that demonstrates procedural diversity across courts while providing a consolidated, transparent view of contempt jurisdiction in India, including the identification of categories with no filings in particular years.

Fig.1.1: Image of the NJDG Pending Dashboard of the Supreme Court relating to Civil Contempt Cases

Based on the pie chart from NJDG indicating the pending Civil Contempt cases pending in the Supreme Court as on September 11th, 2026, a vast majority of the cases fall under the Admission Complete category which constitutes 88.7% of the 1001 cases. 10.3% of the cases fall under the Regular Ready caterogy.

(Admission Complete means that a newly filed case has completed prliminary administrative formalities required to bring it before a judge)

(Regular Ready indicates that a case has successfully passed the admisision stage and is formally accepted by the court)

Image of the NJDG Pending Dashboard of the Supreme Court relating to Criminal Contempt cases



The pie chart for Criminal Contempt cases pending in the Supreme Court indicate a total of 17 cases as on September 11th, 2026. 58.8% of the cases fall under the Admission Complete category.

35.3% fall under the Regular Ready category and only 5.9% fall under Regular Not Ready

(Regular Not Ready means that the case is admitted, but cannot be scheduled for its hearing due to lack of any essential prerequisites)



Research that Engages with Contempt of Court

The Judicial Power of Contempt: Upholding Authority or Restricting Speech

Volume 1 of Samvidhaan Series titled "The Judicial Power of Contempt: Upholding authority or restricting speech?[20]" in the Part III Action Research and Resource Centre, authored by Harsh Bora, critically examines the law and practice of contempt of court in India, with a particular focus on its tension with the constitutional right to freedom of speech. Through an analysis of statutes, Constituent Assembly debates, Supreme Court jurisprudence and historical origins of contempt law, the report highlights how contempt powers, especially criminal contempt, are often vague, arbitrary and inconsistently applied. It questions whether the continued use of these powers genuinely protects the administration of justice or instead risks suppressing legitimate criticism and judicial accountability. The report ultimately calls for a rethinking of the scope and application of contempt in a democratic society.

Critical Analysis of Contempt Laws in India (IJIRL)

The research paper titled "Critical Analysis of Contempt Laws in India[21]" featured in Volume II, Issue III of the Indian Journal of Intergrated Research authored by Vishad Srivastava, investigates the historical origins, constitutional basis and practical challenges of contempt law in the Indian legal system. It traces the concept’s evolution from an ideology rooted in monarchical authority to its modern role in safeguarding the dignity and authority of courts. It highlights how broad contempt powers, particularly those under Articles 129 and 215 of the Constitution, grant the Supreme Court and High Courts wide jurisdiction including suo motu actions. The paper also explores available defences, the balance between judicial respect and freedom of expression, and the risk that ambiguous contempt standards pose to democratic values, especially in relation to media and legal professionals.

Evolution of Contempt of Court: Historical Analysis and Comparative Perspectives in the UK, USA, and India (IJLMH)

Volume 6, Issue 4 of International Journal of Law Management & Humanities, titled "Evolution of Contempt of Court: Historical Analysis and Comparative Perspectives in the UK, USA, and India[22]" by Jayant Kashyap and Pranay Bhardwaj traces how contempt of court developed from its early roots in English legal tradition into modern doctrine across multiple jurisdictions, focusing especially on the United Kingdom, the United States, and India. It explains that contempt originated as a mechanism for preserving the authority and dignity of courts, evolving from monarchical discretionary powers to structured judicial controls in democratic systems, and explores how each legal system defines and applies contempt to protect the administration of justice. The study examines key legislation such as the Contempt of Courts Act and highlights the tension between upholding judicial authority and safeguarding freedom of expression, ultimately advocating for clear distinctions between legitimate criticism and truly disruptive conduct that threatens justice.

Study on the Power of the Supreme Court in Matters of Contempt of Court (IJLLR)

The research paper titled "Study on the Power of the Supreme Court in Matters of Contempt of Court[23]" by Mayuri Kumari featured in Volume VII, Issue IV of Indian Journal of Law and Legal Research, analyses the constitutional foundations, scope, and exercise of the Supreme Court’s authority to punish for contempt in India. It discusses about the contempt powers that are inherent under Article 129 of the Constitution, along with the Contempt of Courts Act, 1971. The report views contempt of court as a tool that serves to uphold the dignity, independence, and authority of the judiciary. The study explores how contempt is categorized into civil and criminal forms and emphasises key judicial actions such as the Re: Prashant Bhushan case to illustrate tensions between contempt actions and freedom of speech. It aims to advocate for measured and responsible use of contempt jurisdiction in a democratic system to balance respect for the judiciary with fundamental rights.

International Experiences

The concept of contempt of court is recognized across jurisdictions as a necessary mechanism to safeguard the authority of the judiciary and ensure proper administration of justice. Nonetheless, the practice, scope and limitation of contempt laws vary in different countries.

United States of America

In United States jurisprudence, contempt of court is detailed in Title 18 of the U.S.C Section 401[24] which states that a court shall have the power to punish - by fine or imprisonment or both - in the case of contempt of judicial authority in the following ways:

  1. Misbehavior in the presence of judicial authorities with the intent of obstructing justice
  2. Misbehavior of any authorized officers during official transaction
  3. Disobedience or resistance to lawful writ, order, or command.

Similar to Indian jurisprudence, the United States also differentiates between civil and criminal contempt. However, in the U.S., civil contempt is coercive and remedial with the intent of compelling compliance with court orders. This includes fines and imprisonment until compliance is ensured. On the other hand, criminal contempt is punitive, imposed on acts of obstructing the administration of  justice (ex: disrupting court proceedings). Nevertheless, criminal contempt attracts strong due-process protections including notice, right to counsel, and in certain cases trial by jury as well.

The United States jurisprudence also explicitly uses the terminologies direct and indirect(constructive) contempt. Additionally, as opposed to Indian practices, criticism of judges outside the courtroom is generally protected by the First Amendment. U.S. courts seldom punish criticism unless it acts as a direct threat to the fair administration of justice.

United Kingdom

In the U.K., contempt is primarily governed by the Contempt of Court Act, 1981[25]. The Act restricts contempt liability mainly to actions that pose a substantial risk to judicial proceedings, particularly through publications. The UK follows a strict liability rule for publications, wherein the intent is irrelevant once the risk is proved to exist. Similar to Indian and U.S. jurisprudence, UK law recognizes civil and criminal contempt. Civil contempt is mainly remedial, aimed at securing compliance with court orders, while criminal contempt is punitive and focuses on the conduct that interferes with the administration of justice. Significantly, the offence of “scandalizing the court” has been abolished under the Crime and Courts Act, 2013.[26] Criticism of judges and courts is generally permissible, subject to the limitation that it must not obstruct ongoing proceedings or undermine fair trial rights under Article 10 of the European Convention on Human Rights.[27]

Australia

In Australia, contempt of court is regulated through a combination of common law principles and statutory provisions that vary across territories. Section 31 of Division 3 of Federal Court of Australia Act, 1976 governs the provision for Contempt of Court. It states that (1) The Court has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court. (2) The jurisdiction of the Court to punish a contempt of the Court committed in the face or hearing of the Court may be exercised by the Court as constituted at the time of the contempt.

The core objective of contempt law is to protect the integrity of judicial proceedings and public confidence in the administration of justice, rather than the personal dignity of judges. Australian jurisprudence distinguishes between civil and criminal contempt, similar to Indian practice. Civil contempt is coercive, intended to enforce compliance with court orders, while criminal contempt is punitive and addresses conduct that obstructs justice, such as interference with witnesses or disruption of proceedings. This classification is identical to the UK differentiation. Australia continues to recognize “scandalizing the court”, but courts apply it very narrowly and sparingly. There is greater emphasis on the freedom of political communication. Punishment for out-of-court criticism is rare and imposed only where there is a real and substantial risk to the administration of justice.

France

In France, contempt of court is not governed by a broad common law doctrine but is regulated through specific statutory offences under Article 433-5 of the French Penal Code (Code pénal)[28], which penalizes words, gestures, threats or writings directed at a person discharging a public service mission(which includes the judges), that are intented to undermine the dignity of their office. Acts undermining the authority of the judiciary are addressed through offences such as outrage à magistrat (insult to a judge), entrave à l’exercice de la justice (obstruction of justice), and violation du secret de l’instruction (breach of judicial secrecy).

Unlike Indian or U.S. jurisprudence, France does not recognize contempt as an inherent judicial power. Instead, sanctions are imposed only after formal trial procedures in the form of penalties such as fines or imprisonment. There is no separate classification of civil and criminal contempt as in the above common law countries. Criticism of judges and courts is generally protected under freedom of expression but is subject to statutory limits on defamation and interference with ongoing investigations.

Data Challenges

India's contempt of court law governed under the Contempt of Courts Act, Article 129 and Article 215 of the Constitution, which is nationally uniform on paper. But this uniformity diminishes due to vast differences in case categorization, nomenclature and methodology in each State. Each of India's High Courts uses its own case-type codes for the same kind of proceeding, Example: Madhya Pradesh files civil contempt as CONC, Punjab and Haryana as COCP, Karnataka as CCC, Kerala as CONT.CAS.(C) and so on, with further splits for criminal, suo moto and appellate contempt.

Supreme Court of India, National Court Management Systems (NCMS) - Policy & Action Plan, 2024[29] emphasis that "While the availability and tracking of judicial data with some granularity has been made possible now with the NJDG, several challenges persist with data analysis in a manner so as to inform policy making on judicial case load management. There are vast differences in case categorization, nomenclature, and methodology in each State/ High Court, and there is presently no uniformity on these aspects, to enable meaningful data analysis at a national level"

According to another reseach titled "Problems with the e-Courts data[30]" by Devendra Damle and Tushar Anand, featured in National Institute of Public Finance and Policy(NIPFP), Working Paper Series, finds that the raw data records a total of 844 unique case-types nationally, but the NJDG's public dashboard reports only 31 case types. And these Cases could be tagged under a procedural law, substantive law,or both. Non-uniformity in tagging cases means that there is a high likelihood of a search for cases under an Act would contain an incomplete set of cases for a given court complex.

Tabular representation of regional variation in the case categorization and their nomenclature as shown in E-COURTS, High Courts of India[31]

Name of Court Case categorozation of Contempt Cases
Supreme Court Contempt Petition - Civil

Contempt Petition - Criminal

Suo Moto Contempt Petition - Civil

Suo Moto Contempt Petition - Criminal

Allahabad High Court Contempt Application (Civil) - CAPL

Contempt Appeal - CONA

Contempt Appeal Defective - CONAD

Contempt Application (Criminal) - CRCL

Andhra Pradesh High Court Contempt Appeal - CA

Contempt Case - CC

Contempt Case Transferred from APAT - CC(AT)

Contempt Case Transferred - CC(TR)

Bombay High Court Contempt Notice - (CN)

Contempt Petition (Company Petn.) - CNPCP

Contempt Petition in Execution- COEX

Contempt Petition - CONP

Contempt Petition in PIL - CONPP

Contempt Petition in Writ Petition - CONPW

Contempt Petition (TP) - CONTP

Contempt Petition in Parsi - COPP

Contempt Petition in Commercial Appellate Division Matters - CPCAD

Contempt Petition in Commercial Division Matters - CPCD

Civil Contempt Petition (INPT) - CPIN

Criminal Contempt Petition in TP - CPTP

Criminal Contempt Petition - CRCP

Calcutta High Court Original Side

Contempt of Court Cases (CC)

Contempt Case (Commercial) )CC-COM)

Criminal Contempt (CRCC)

Appellate Side:

Contempt Application (CPAN)

Civil Revision Contempt (CRC)

Criminal Contempt (CRLCP)

Chhattisgarh High Court Contempt Case (CONC)

Contempt Petition (CONT)

Criminal Contempt (CONTR)

Contempt petition from SAT (CONTS)

Delhi High Court Contempt Application (Civil) (CONT.APP.(C))

Contempt Case (Civil) (CONT.CAS.(C))

Contempt Case (Criminal) (CONT.CAS.(CRL))

Gauhati High Court Contempt_Appeal- CAPL

Contempt of Court - CC(CIV)

Contempt Appeal - CONTAPP

Appeals against orders in Civil Contempt matters - Cont. App.(C)

Appeals against orders in Criminal Contempt matters - Cont.App.(Crl.)

Contempt of Court Cases relating to Civil Contempt - Cont.Cas(C)

Proceedings relating to Criminal Contempt - Cont.Cas.(Crl.)

Contempt Case (Civil)(Suo Moto) - Cont.Cas(C)(Suo Moto)

Contempt Case (Criminal)(Suo Moto) - Cont.Case(Crl)(Suo Moto)

Gujarat High Court Appeal in Contempt proceedings - CPTA

Miscellaneous Civil Application (Contempt Petition) - MCACP

Himachal Pradesh High Court Contempt Appeal (Civil) (CONTA)

Civil Original Petition (Contempt) (COPC)

Civil Original Petition (Contempt – Tribunal) (COPCT)

Criminal Original Petition (Contempt) (CROPC)

Contempt Appeal (Criminal) (CNACR)

Jammu & Kashmir and Ladakh High Court Jammu Wing

Contempt Petition-DB - CCP(D)

Contempt Petition - CCP(S)

Contempt in PET. U/S 104 - CP104

Contempt Arbitration APPL. - CPAA

Contempt in (AUCA) - CPAUC

Contempt Petition (Civil) - CPC

Contempt Petition (COS) - CPCOS

Contempt Petition (Criminal) - CPCR

Contempt (Civil Transfer Application) - CPCTA

Contempt Habeus Corpus - CPHCP

Contempt Petition (LPA) - CPLPA

Contempt in LP Cross Review - CPLR

Contempt and Transfer (Other Writ) - CPOTA

Contempt Petition (OWP) - CPOWP

Contempt Public Interest Litigation (OWP) - CPPIL

Contempt Petition (SSWP) - CPSSW

Contempt and Transfer (Service) - CPSTA

Contempt Petition (SWP) - CPSW

Srinagar Wing

Contempt Arbitration Appeal - CPAA

Contempt Petition (Civil) - CPC

Contempt Petition (COS) - CPCOS

Contempt Petition (Criminal) - CPRC

Contempt (Civil Transfer Application) - CPCTA

Contempt Habeus - CPHCP

Contempt Petition(LPA)- CPLPA

Contempt in LP Cross Appeal - CPLR

Contempt and Transfer (OWP) - CPOWP

Contempt Public Interest Litigation(OWP) - CPPIL

Contempt (Criminal Transfer Application) - CPRTA

Contempt Petition (SSWP) - CPSSW

Contempt and Transfer (Service) - CPSTA

Contempt Petition(SWP) - CPSW

Jharkhand High Court Contempt Appeal - CONT. APP

Criminal Contempt - CONT.(Crl)

Civil Contempt - CONT.(Cvl)

Karnataka High Court Civil Contempt Petition - CCC

Criminal Contempt Petition - CRL.CCC

Kerala High Court Contempt Appeals (Civil) - Con.APP(C)

Contempt of Court Case  (Civil) - Con.Case(C)

Contempt of Court Case (Criminal) - Con.Case(Crl.)

Madhya Pradesh High Court Contempt Appeal - CONT.APP.

Criminal Contempt - Cont.(Crl)

Civil Contempt - Cont.(Cvl)

Madras High Court Contempt Appeal - CONT A

Contempt Application- CONT APP

Contempt Petition - CONT P

Contempt Petition (Madurai Bench) - CONT P(MD)

Manipur High Court Contempt Appeal - CAPL

Contempt of Court (Civil) - CC( CIV)

Appeals against orders in Civil Contempt matters - Cont.App(C)

Appeals against orders in Criminal Contempt matters - Cont. App.(Crl)

Contempt of Court Cases relating to Civil Contempt - CONT CAS(C)

Contempt of Court Cases relating to Civil Appeal Cases - Cont. CAS(C) J2

Proceedings relating to Criminal Contempt - Cont. Cas. (Crl.)

Civil Original Petition (Contempt) - COP(C)

Criminal Contempt of Court - CR(CC)

Meghalaya High Court Appeals Against Orders In Civil Contempt Matters - Cont.App.(C)

Appeals Against Orders In Criminal Contempt Matters - Cont.App.(Crl.)

Contempt Of Court Cases Relating To Civil Contempt - Cont.Cas(C)

Proceedings Relating To Criminal Contempt - Cont.Cas. (Crl.)

Contempt Petition Suo Moto - Crl. OP(C)

Criminal Original Application Contempt - CROA(C)

Criminal Original Petition Contempt - CROP(C)

Orissa High Court Appeals against orders in Civil Contempt - CONTAC

Appeals against orders in Crl.Cont.matter - CONTAR

Cotempt of Court Cases (Civil contempt) - CONTC

Contempt Petition in Bhubaneswar Bench - CONTC(CP)

Contempt Petition in Berhampur Bench - CONTC(CPB)

Contempt Petition in Cuttack Bench - CONTC(CPC)

Contempt Petition in Sambalpur Bench - CONTC(CPS)

Proceeding relating to Criminal Contempt - CONTR

Patna High Court No contempt case type mentioned on the website
Punjab and Haryana High Court Contempt Appeal - CACP

Civil Original Contempt Petition - COCP

Criminal Original Contempt Petition - CROCP

Criminal Appeal Contempt Petition (CRACP)

Rajasthan High Court Civil Contempt Petition - CCP

Criminal Contempt Petition - CRLCP

Criminal Contempt Reference - CRLCR

Writ Contempt Petition - WCP

Sikkim High Court Contempt of Court Cases relating to Civil Contempt - Cont.Cas(C)

Contempt of Court Cases relating to Criminal Contempt - Cont.Cas(Crl)

Telangana High Court Contempt Appeal - CA

Contempt Case - CC

Contempt Case Transferred - CC(TR)

Suo Moto Contempt Court - SUOMOTUCC

Tripura High Court – Agartala Appeals against orders in Civil Contempt matters - Cont.App(C)

Contempt of Court Cases relating to Civil Contempt - Cont.Cas(C)

Proceedings relating to Criminal Contempt - Cont.App.(Crl)

Uttarakhand High Court – Nainital Civil Contempt - CLCON

Contempt Appeal - CONTA

Criminal Contempt - CRCON

Defective Contempt Appeal - DCONTA

Defective Criminal Contempt - DCRCON

Way Ahead

The future development of contempt jurisdiction in India requires a proper balance between protecting administration of justice and constitutional rights of individuals. The Judicial Power of Contempt: Upholding authority or restricting speech?, this report highlights how contempt powers, especially criminal contempt, are often vague, arbitrary and inconsistently applied. Clearer standards should be developed to distingush legitimate criticism of courts and judges from conduct that hinders the procedure of administration of justice.

Furthermore, a significant challenge lies in the various categorizations and nomenclatures used across different states, this makes it difficult to collect and compare data that can help freame policies in the future. Thus, an uniform nomenclature and categorization methods should be divsed across the states. Supreme Court of India, National Court Management Systems (NCMS) - Policy & Action Plan, 2024[29] suggests that a bottom-up approach needs to be adopted, through scientific methods that offer persnalized solutions for the unique circumstances, abilities and constraints that different courts are faced with.

References

  1. E.M.S. Namboodiripad v. T.N. Nambiar 1970 AIR 2015, 1971 SCR (1) 697
  2. Article 19(a) of the Indian Constitution
  3. Article 129 of the Indian Constitution
  4. Article 215 of the Indian Constituion
  5. The Contempt of Courts Act, 1971
  6. Section 3 of Contempt of Courts Act, 1971
  7. Section 4 of Contempt of Courts Act, 1971
  8. Section 5 of Contempt of Courts Act, 1971
  9. Section 7 of Contempt of Courts Act, 1971
  10. Section 20 of Contempt of Courts Act, 1971
  11. P.N. Duda vs V. P. Shiv Shankar & Others 1988 AIR 1208, 1988 SCR (3) 547
  12. Section 2(b) of Contempt of Courts Act, 1971
  13. Ashok Paper Kamgar Union And Ors. vs Dharam Godha And Ors. AIR2004SC105
  14. Babu Ram Gupta vs Sudhir Bhasin & Anr 1979 AIR 1528
  15. Section 2(c) of The Contempt of Courts Act, 1971
  16. Re. Arundathi Roy (2002) 3 SCC 343
  17. R.K. Anand V. Registrar, Delhi High Court (2009) 8 SCC 106
  18. Chapter 13 of BNS
  19. The National Judicial Data Grid
  20. Harsh Bora, The Judicial Power of Contempt: Upholding Authority or Rstricting Speech?, Samvidhaan Series Volume 1, Part III Action Reseacrh and Resource Centre, (2023) https://part-three.org/the-judicial-power-of-contempt/.
  21. Srivastava, V., 2022. Critical Analysis of Contempt Laws in India. Part 1 Indian J. Integrated Rsch. L., 2, p.1.
  22. Kashyap, J. and Bhardwaj, P., 2023. Evolution of Contempt of Court: Historical Analysis and Comparative Perspectives in the UK, USA, and India. Issue 4 Int'l JL Mgmt. & Human., 6, p.2564.
  23. Mayuri Kumari, Study on the Power of the Supreme Court in Matters of Contempt of Court, Volume 7 Indian Journal of Law and Legal Research 7406 (2025), https://3fdef50c-add3-4615-a675-a91741bcb5c0.usrfiles.com/ugd/3fdef5_8adcabf3eb694b7ea00afb3dae6166e6.pdf
  24. 18 U.S. Code § 401 - Power of court
  25. U.K Contempt of Court Act, 1981
  26. U.K Crime and Courts Act, 2013
  27. European Convention on Human Rights
  28. Article 433-5 of the French Penal Code (Code pénal)
  29. 29.0 29.1 Supreme Court of India, National Court Management Systems (NCMS) - Policy & Action Plan, (2024), https://cdnbbsr.s3waas.gov.in/s3ec0490f1f4972d133619a60c30f3559e/uploads/2024/11/2024111250.pdf
  30. Damle, D. and Anand, T., 2020. Problems with the e-Courts data. National Institute of Public Finance and Policy Working Paper, 314.
  31. E-Courts, High Courts of India
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