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WHAT IS CONTEMPT…??

Contempt is something that is disregarded/disrespected where it should be considered….

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WHAT IS CONTEMPT OF COURT…??

Contempt of court is define under the section 2 of Contempt of court Act 1971.

Contempt of court can be easily defined as disobeying the law of court. It can be said refusing to obey the dignity, authorities of court.

Flow chart Explaining CONTEMPT OF COURT

Crime is committed

Suspect wanted

Arrest and questioned.

Charge is made.

Court and Jury.

Verdict is made.

Sentence is given.

Basically contempt of court can be divided into two types=>

1)Civil:- Civil contempt is willful disobeying of order or direction. It can be said that it is breaching of processes undertaken by the court. A civil contempt usually is a violation of the rights of one person. It is coercive power.

For Example – parents who refuse to pay court-ordered child support may be held in contempt of court under civil contempt.

2)Criminal:- Criminal contempt applies in respect with Publication whether in speech or in written scandalizing and prejudging the administration of court without any knowledge or with partial knowledge.A criminal contempt is an offense against society. It is punitive.

For Example -criminal contempt is when a witness or spectator insults the judge during a trial.

Where these contempts are applied…??

=>Reporting the active court case or the legal procedures.

=>Programs or the news about the case on the police and court.

=>Matters concerning the judiciary.

=>Court cases on tribunals and the victims of sexual offence….

There are two examples of contempts of court let us see that one by one First is it can be revealing the individuals identity whether on duty or not  it can be under the contempt of court where the individuals privacy is disturbed.

Second  when jurors are deliberating in the Jury room the information they are discussing should be kept confidential and should not be discuss outside the court room.

 

Punishments for contempt of code::-

The High court and Supreme Court has the power to punish for the Contempt of court.

Simple imprisonment for six months and fine up to two thousand rupees ,  and if the contempt of court is committed by a company each person responsible for the company and will be liable for punishment.

Exemption::-

If the accused apologizes to the court he may be discharged or punishment may be canceled.

Reference:

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-NEHA T.

  • August 16, 2020
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