Published Dec 27, 2022
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470 words
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Law

Contempt Of Court In India

Published Dec 27, 2022
2 mins read
470 words

ORIGIN AND DEVELOPMENT 
The concept of contempt of court dates all the way back to the eighteenth century via the common law theory 'Contemptus Curiae'. It follows from the England common law premise that States must safeguard the King's judicial and decision-making authority. Contempt jurisdiction dates all the way back to England's monarchical governance, when contempt was a more or less direct offense against the Sovereign and its power. Wilmot J. observed in the much-celebrated case R v. Almon that this power in the courts was for establishing their authority, was contemporaneous with their foundation and establishment, and was a necessary incident of a court of justice.  It was almost certainly the first judgment in legal history to establish the true nature of the contempt power. The judiciaries throughout the world that have been entrusted with contempt jurisdiction adhere to Wilmot J's pronouncement.
The law of contempt in India, like all other laws in the country, has its origins in English legislation and laws. It's worth noting in this regard that there were no formal provisions to this effect until 1926. The first contempt law in India was enacted in 1926 as the Contempt of Court Act, 1926, which defines the court's authority to penalize for contempt. The 1952 Act repeals the 1926 Act. The Sanyal Committee, chaired by the late H.N. Sanyal, published a study in 1961 on the history of India's law of contempt. This committee initiated the process of amending the legislation, and its recommendations became the Contempt of Courts Act, 1971, which rewrote the country's entire contempt statute. Parliament passed the Contempt of Court Act, 1971 in December 1971, and it took effect on 24 December 1971.
BRIEF OVERVIEW OF THE CONTEMPT OF COURTS ACT, 1971  
The Contempt of Courts Act, 1971, is applicable across India so long as the offense does not involve the Supreme Court. The Act empowers certain courts to penalize persons for contempt of themselves and subordinate courts, while simultaneously imposing stringent limitations on those powers through intricate restrictions. The Act, which contains 24 sections, discusses, among other things, the definition of contempt, the distinction between civil and criminal contempt, what constitutes contempt, available defences, the High Court's extraterritorial jurisdiction, their authority to punish contempts of subordinate courts, and procedure following cognizance.
The 1971 act was revised in 2006 by the Contempt of Courts (Amendment) Act to incorporate the defense of truth under Section 13 of the original legislation.Section 13, which already limited the court's authority by requiring it not to hold anyone in contempt unless doing so would materially impair due process of justice, is amended to require the court to permit 'justification by truth as a valid defense if it is satisfied that it is in the public interest and the request for invoking the said defense is bona fide.
 

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