Civil contempt
Also called: Contempt of court (civil), Wilful disobedience of court orders
Wilful disobedience to any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. Section 2(b) of the Contempt of Courts Act, 1971.
Explained
Section 2(b) of the Contempt of Courts Act, 1971 defines civil contempt as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Under Section 2(a), contempt of court means civil contempt or criminal contempt. The Supreme Court and the High Courts draw their power to punish for contempt of themselves from Articles 129 and 215 of the Constitution, which make them courts of record, and Section 10 of the Act gives a High Court the same power in respect of courts subordinate to it.
There are two elements: a valid judgment, order, process or undertaking given to a court, and its wilful disobedience or breach. Wilful means deliberate and intentional. A failure that is accidental, bona fide or due to genuine inability to comply, or that arises from an order whose meaning is reasonably in doubt, is not civil contempt. Because contempt proceedings are quasi criminal, the wilful breach must be clearly proved.
Civil contempt differs from criminal contempt under Section 2(c), which covers publications or acts that scandalise or lower the authority of a court, or interfere with judicial proceedings or the administration of justice. Civil contempt is a private wrong to the party for whose benefit the order was made, and the aim is mainly to secure compliance. Section 18, requiring hearing by a Bench of at least two judges, applies only to criminal contempt, so civil contempt in a High Court may be heard by a single judge. Disobedience of a temporary injunction may also be dealt with under Order XXXIX Rule 2A of the CPC.
Under Section 12(1) contempt is punishable with simple imprisonment up to six months, or fine up to two thousand rupees, or both, and the contemnor may be discharged on a bona fide apology. For civil contempt, Section 12(3) provides that where a fine will not meet the ends of justice, the court shall direct detention in a civil prison for up to six months instead of simple imprisonment. Section 13 bars punishment unless the contempt substantially interferes with justice, and Section 20 bars initiation after one year from the date of the alleged contempt.
What the law says
Section 2, Contempt of Courts Act
(b) “civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;
Section 2(b) defines civil contempt; 2(c) defines criminal contempt
Section 12, Contempt of Courts Act
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person:
Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
Punishment, apology and civil prison detention for civil contempt
Section 13, Contempt of Courts Act
[Notwithstanding anything contained in any law for the time being in force,—
(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice;
(b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.]
No punishment unless justice is substantially interfered with
Section 20, Contempt of Courts Act
No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.
One year limitation for initiating contempt proceedings
Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
High Court as a court of record with power to punish contempt
The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Supreme Court as a court of record with power to punish contempt
Example
For example, A gives an undertaking to the High Court that he will not sell a disputed flat, and then sells it. This is a wilful breach of an undertaking given to a court and amounts to civil contempt.
For the exam
- Section 2(b): wilful disobedience of a court's process or wilful breach of an undertaking to a court.
- Disobedience must be wilful; bona fide or accidental non-compliance is not contempt.
- For civil contempt, imprisonment takes the form of detention in civil prison (Section 12(3)).
- Two judge Bench rule in Section 18 applies only to criminal contempt.
- No proceedings after one year from the alleged contempt (Section 20).
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Related terms
- Criminal contemptPublication or act that scandalises or lowers the authority of a court, interferes with a judicial proceeding, or obstructs the administration of justice. Section 2(c), Contempt of Courts Act, 1971.
- OrderUnder Section 2(14) of the CPC, the formal expression of any decision of a Civil Court which is not a decree.
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- JudgmentUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
- Suo motuAction taken by a court or authority on its own initiative, without an application or complaint from a party.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.