CONTEMPT OF COURT

Abstract

Contempt of Court is a matter concerning the fair administration of justice and aims to punish any act which hurts the dignity and authority of judicial tribunals. According to Black’s law dictionary, Contempt is defined as “A willful disregard of the authority of a court of justice or legislative body or disobedience to its lawful orders.” Contempt can be done either by a person or an authority when such person or authority does any act in willful contravention of its authority or dignity or is tending to frustrate the administration of justice. The Constitution of India provides fundamental right of speech and expression but this right is not absolute in nature. Some restrictions are imposed and thus no such acts can be done or words can be used, willfully, that tends to bring shame to the judicial authorities. The contempt is made a punishable offence as it could shake the foundation of the judiciary which comprises of trust and confidence of the public to deliver unjust and fearless judgment. Contempt of Court Act, 1971 was introduced to protect the concept of justice by punishing the contemnor. The said Act had several drawbacks, one of which was that truth was not regarded as defence in cases of contempt. This drawback has been ratified by amendment brought in year 2006 to Section 13 of Contempt of Courts Act, 1971. The truth as defence was included with a qualification or condition that such truth should be in public interest and of bonafide nature.