Hasnath K.H, Government Law College, Ernakulam
The Law of Contempt of Court is a branch of law in India that permits courts to punish individuals for words or acts that hinder justice administration, and is exercised by all courts, including Superior Courts, on their own or subordinate courts' behalf. Previously, it was inherent in the powers of a Court of Record, but now it is part of the powers of the Supreme Court and High Courts. There are various types of contempt, including insulting judges, attacking them, commenting on pending proceedings, obstructing court officers, witnesses, parties, abusing the court process, breaching duty by court officers, and scandalizing judges or courts. The last form of contempt involves bringing the authority and administration of the law into disrepute or disregard, which can be committed against a single judge, court, or entire judiciary.
SANYAL COMMITTEE’S RECOMMENDATION:
The Sanyal Committee's recommendation mainly focus on the purpose of a contempt proceeding. It further aims to prove the court's innocence and not satisfy private individual's grudges. An unqualified apology, expressing genuine contrition, may be accepted by the court. However, an apology denying the factum of contempt may not be accepted and is inconsistent with the plea of justification. A belated apology is not usually accepted. The court has the discretion to accept unqualified or belated apologies, as sincere unqualified apologies reduce the severity of offenses.
TYPES AND METHODS OF CONTEMPT OF COURT IN INDIA:
In India, there are two types of contempt of courts: Civil Contempt and Criminal Contempt, which are covered by section 2(b) and section 2(c) of the Contempt of Courts Act, 1971 respectively.
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