Criminal contempt
Also called: Contempt of court (criminal)
Publication 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.
Explained
Section 2(c) of the Contempt of Courts Act, 1971 defines criminal contempt as the publication (by words, signs, visible representations or otherwise) of any matter, or the doing of any other act, which (i) scandalises or tends to scandalise, or lowers or tends to lower, the authority of any court; or (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. Civil contempt under Section 2(b) is wilful disobedience of a judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court.
Articles 129 and 215 make the Supreme Court and each High Court a court of record with power to punish for contempt of itself, and Section 10 of the Act lets a High Court punish contempt of courts subordinate to it. Sections 3 to 7 exclude innocent publication, fair reports of judicial proceedings, fair criticism of a finally decided case and bona fide complaints against subordinate judges.
Contempt in the face of the Supreme Court or a High Court falls under Section 14. Other criminal contempt is taken up under Section 15 on the court's own motion, or on a motion by the Advocate-General, or by any other person with the Advocate-General's written consent; for a subordinate court, the High Court acts on a reference by that court or a motion by the Advocate-General. Consent cannot be presumed, as Bal Thackrey v. Harish Pimpalkhute (2005) held. Criminal contempt under Section 15 must be heard by a Bench of at least two judges (Section 18), and proceedings must start within one year (Section 20).
Section 12 allows simple imprisonment up to six months, fine up to two thousand rupees, or both, and discharge on a bona fide apology. Under Section 13 no sentence is imposed unless the contempt substantially interferes with the due course of justice, and truth may be permitted as a defence in the public interest. In Supreme Court Bar Association v. Union of India (1998) the Court held that it cannot suspend an advocate's licence as punishment for contempt.
What the law says
Section 2, Contempt of Courts Act
(c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which—
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;
Defines contempt, civil contempt and criminal contempt
Section 12, Contempt of Courts Act
(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court.
Explanation.—An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
Punishment for contempt and apology
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.]
Substantial interference test and truth as a defence
Section 15, Contempt of Courts Act
(1) In the case of a criminal contempt, other than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by—
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the Advocate-General, [or]
Cognizance of criminal contempt
Section 18, Contempt of Courts Act
(1) Every case of criminal contempt under section 15 shall be heard and determined by a Bench of not less than two judges.
(2) Sub-section (1) shall not apply to the Court of a Judicial Commissioner.
Hearing by Bench of not less than two judges
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 contempt power
Example
For example, a newspaper that publishes, during a pending trial, an article declaring the accused guilty and attacking the trial judge's integrity may commit criminal contempt by tending to interfere with the due course of the proceeding.
For the exam
- Three limbs: scandalising or lowering authority, interfering with proceedings, obstructing justice (Section 2(c)).
- Civil contempt is wilful disobedience of court orders or breach of an undertaking (Section 2(b)).
- Motion by a private person needs the Advocate-General's written consent (Section 15).
- Bench of at least two judges (Section 18); one-year limitation (Section 20).
- Maximum: six months and Rs 2,000; truth is a defence in the public interest (Sections 12 and 13).
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Judgments
Related terms
- Civil contemptWilful 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.
- CourtUnder the BNS, a Judge or body of Judges empowered to act judicially, when so acting (Section 2(5)); under the BSA, all Judges, Magistrates and persons, except arbitrators, legally authorised to take evidence (Section 2(1)(a)).
- AdvocateAn advocate entered in any roll under the provisions of the Advocates Act, 1961 (Section 2(1)(a)). Advocates are the only class of persons entitled to practise law.
- 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.