DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

Subject: PROFESSIONAL ETHICS

Semester - IX

ROUGH DRAFT

CIVIL AND CRIMINAL CONTEMPT

SUBMITTED TO: SUBMITTED BY:

DR. PREM KUMAR GAUTAM SHALINI

ASSIT.PROFESSOR (LAW) B.A.LL.B (HONS.)

RMLNLU ROLL NO.-121

INTRODUCTION

CONTEMPT OF COURT
Anything that curtails or impairs the freedom of limits of the judicial proceedings. Any conduct
that tends to bring the authority and administration of Law into disrespect or disregard or to
interfere with or prejudice parties or their witnesses during litigation. Consisting of words spoken
or written which obstruct or tend to obstruct the administration of justice. Publishing words
which tend to bring the administration of Justice into contempt, to prejudice the fair trial of any
cause or matter which is the subject of Civil or Criminal proceeding or in anyway to obstruct the
cause of Justice.

According to section 2(a) of Contempt of Court Act, Contempt of court means Civil contempt or
Criminal contempt. Sec 2(b) defines civil contempt and section 2(c) defines criminal contempt.
Thus the legislature has not defined contempt although it has defined civil and criminal
contempt. This is so for the reason that contempt cannot be confined within four walls of a
definition. What would offend the court's dignity and what would lower the court's prestige, is a
matter which can be decided by the court itself and its for the court to deal with each case of
contempt under the facts and circumstances of that case.

However, in short contempt can be said to be an act or omission which interferes or tends to
interfere in the administration of justice. To constitute contempt its not necessary that there has
been actual interference in the administration of justice. If the act complained of , tends to
interfere or attempts to interfere in the administration of justice, may be taken as contempt. The
expression 'administration of justice' is to be used in a very wide sense. It is not confined to the
judicial function of the judge but includes all functions of judges- administrative, adjudicatory
and any other function necessary for the administration of justice.

KINDS OF CONTEMPT
1. Civil contempt

2. Criminal contempt

Aims and Objectives:

The aim of this project is to analyse:

In view of the foregoing discussion, the main object of the present research work is to examine
the Law of Contempt from sociolegal angle, both intensively and extensively. The researcher has
intended to concentrate on those laws and regulatory framework covering rules and principles
which relate primarily to the law of contempt. In this context the researcher in the present work
has ventured to:- historically trace the origin and evolution of the Law of Contempt. examine
the recognition of this law at international as well as at national level. analyze the relevant
provisions of the Constitution of India and other legislations dealing with contempt jurisdiction.
critically evaluate the different provisions of the Contempt of Court Act, 1971. peruse the
Constitutional provisions relating to Legislative privileges vis-a-vis contempt of court. discover
the various lacunae in the implementation and enforcement of contempt law. critically examine
the judicial approach towards this branch of law.

RESEARCH METHODOLOGY

The researcher has relied on 'Doctrinal methodology 'i.e., the method of my analysis is
descriptive and analytical. While researching on the topic, various books and internet sources
have been consulted. For although study of project topic, all the possible means and reason have
been used.

TENTATIVE CHAPTERISATION.
1. INTRODUCTION

2. KINDS OF CONTEMPT
a. CIVIL CONTEMPT
b. CRIMINAL CONTEMPT

3. PUNISHMENT UNDER CONTEMPT OF COURT ACT

4. DIFFERENCE BETWEEN CIVIL AND CRIMINAL CONTEMPT

 5. PERIOD OF LIMITATION (Section 20)

6. DEFENCES IN CIVIL CONTEMPT

7. DEFENCES IN CRIMINAL CONTEMPT

8. REMEDIES AGAINST THE ORDER OF PUNISHMENT

9. PROCEDURE TO BE ADOPTED IN CONTEMPT PROCEEDINGS

10. CONCLUSION

REFERENCE

1. https://shodhganga.inflibnet.ac.in/bitstream/10603/3570/9/09_chapter%201.pdf
2. https://en.wikipedia.org/wiki/Contempt_of_court