Law on Contempt of Courts by Iyer – 7th Edition Reprint 2024

Law on Contempt of Courts by Iyer – 7th Edition Reprint 2024

Any action that restricts or undermines the independence or scope of judicial proceedings inevitably disrupts the proper administration of law and interferes with the course of justice. Such interference is considered Contempt of Court. According to Oswald, contempt includes any conduct that diminishes the authority of the legal system or interferes with ongoing litigation or the parties involved. Halsbury defines contempt as spoken or written words that obstruct, or have the tendency to obstruct, the administration of justice. Black Odgers explains that publishing statements that cast the justice system in a negative light, influence a fair trial, or hinder the judicial process amounts to contempt.

Freedom of Speech vs. Contempt of Court
Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression. However, this right is subject to reasonable restrictions, one of which is contempt of court. Articles 129 and 215 grant the Supreme Court and High Courts the authority to punish for contempt, placing limits on free speech under Article 19(1)(a). The definition of contempt remains broad and open to interpretation, and the process is controversial since the court acts as complainant, prosecutor, and judge.

The Contempt of Courts Act, 1971
This Act prohibits reporting or commentary that could prejudice or obstruct judicial proceedings. One form of criminal contempt includes scandalising the court, which involves making statements that damage the court’s reputation or undermine its authority. While it is legitimate to criticize a court's judgment—even strongly—accusations of corruption, bias, nepotism, or personal attacks on judges cross the line and invite contempt action.

Section 2(a) of the Act classifies contempt into civil and criminal. However, many believe the current law on contempt is ambiguous and inadequate, especially as it affects two key fundamental rights: personal liberty and freedom of expression.

Case Reference: In Re: Prashant Bhushan & Anr., Suo Motu Contempt Petition (Criminal) No. 1 of 2020
In this high-profile case, the Supreme Court addressed remarks made by advocate Prashant Bhushan, including allegations against sitting and retired judges. The Court acknowledged that while fair criticism is allowed, it cannot extend to malicious and scandalous attacks. It noted that other pending contempt cases had no bearing on this one and ruled that media commentary would not affect judicial decision-making. Though it could have barred Mr. Bhushan from practicing law, the Court instead showed leniency and imposed a nominal fine of Rs. One. He was advised to retract his allegations, though he chose not to.

About the Book: Iyer’s Law on Contempt of Courts
Widely respected by the Bench and Bar, this book is a comprehensive and reliable resource on contempt law. The latest revised edition addresses contemporary issues arising from digitalization, virtual hearings, social media, and the COVID-19 pandemic. The book has been thoroughly updated to reflect recent case law, while redundant content has been removed for clarity and ease of use.

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