The Contempt of Courts Act, 1971 was enacted to consolidate and define the law relating to contempt of courts in India, replacing earlier colonial-era provisions. Rooted in the constitutional power of courts under Article 129 (Supreme Court) and Article 215 (High Courts) to punish for contempt, this law balances judicial authority with fundamental rights.
Key Provisions:
Types of Contempt (Section 2):
Civil Contempt: Willful disobedience of court orders/judgments
Criminal Contempt: Scandalizing the court, prejudicing judicial proceedings or interfering with justice administration
Defenses Allowed (Section 3-7):
Innocent publication (Section 3)
Fair criticism (Section 5)
Truth as defense in public interest (Section 13, as amended in 2006)
Punishments (Section 12):
Imprisonment (up to 6 months)
Fine (up to ₹2,000)
Both (at court's discretion)
The Act maintains judicial dignity while incorporating safeguards against misuse, with the 2006 amendment introducing truth as defense when made in public interest. It serves as a crucial tool to protect judicial integrity while respecting freedom of speech.