Contempt of court is an offence which can be either criminal or civil in nature those aspects will be dealt with immediately after this section in 2011, a judge decried this grey nature of kenya legal system not having a comprehensive law enlisting the procedure to be under taken when applying for contempt of court procedure in the kenyan courts. Appeals also lie to the supreme court in election disputes, the contempt of court act, monopolies and restrictive trade practice act, etc guardian of fundamental rights:-the supreme court is the guardian of fundamental right of the citizens it has the power to issue various types of writs for the protection of fundamental rights.
A person to be appointed as a judge of the supreme court must be a citizen of india and (a) should have been for at least five years a judge of a high court or of two or more such courts in succession or (b) should have been for the last ten years an advocate of a high court or of two or more such courts in succession or (c) should in the opinion of the- president be a distinguished jurist. Thus, truth is now a defence in contempt of court proceedings if it is in public interest and is bonafide this amendment is in the right direction, and was long overdue conclusion contempt of court is a subject which is of considerable historical interest and fundamental contemporary importance. Contempt of court, often referred to simply as contempt, is the offense of being disobedient to or discourteous toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. Short essay on contempt of court – for any civil society, maintenance of law and order is paramount, as in absence of it there can be no social development because of the lack of honest, fearless endeavor.
The law of contempt, enacted in 1971, empowers the high courts and the supreme court to proceed against those who commit contempt of these courts and also of the subordinate courts the constitution of india also has provisions for the courts so as to punish for their own contempt. From the point of view of a comparative law analysis, this study proposes to demonstrate that contempt of court is an instrument paramount in ensuring compliance with court orders by parties and, in certain cases, nonparties. In case the person found guilty of contempt of court in respect of any undertaking given to a court is a company, the person who at that time, was in charge of, and was responsible to, the company for the conduct of business of 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 such person. Civil contempt: under section 2(b) of the contempt of courts act of 1971, civil contempt has been defined 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.
Criminal contempt of court is a higher degree of offence compared to civil contempt and is invoked against those who seek to brazenly slander a court’s reputation justices singhvi and ganguly, however, stressed that the courts needed to exercise the power to punish for contempt with restraint. Contempt of courts in india drgbreddy department of law osmania university hyderabad unique position of judiciary in administration of justice role of courts and judges in modern times need for maintaining independence of judiciary contempt of court . According to the provisions of this act, contempt of court means civil contempt or criminal contempt civil contempt means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.
The contempt law in india is governed by the contempt of courts act, 1971the act defines civil contempt as willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court. And many cases of contempt in court were tried by indictment and not by a summary process if the contempt is confessed there was no need 10 report of the committee on contempt of court, 2 (1974) 11 joseph h beale’s, contempt of court criminal and civil, 1908, 21 harv l r, p 161. But all this did not stop the supreme court from issuing a fresh notice of criminal contempt on arundhati roy for the three paragraphs in her affidavit in response, arundhati roy filed an affidavit denying that she had attributed any improper motive to any particular judge and refuting the allegation that she had “scandalised” the authority of the judiciary.
Concept and genesis of contempt law 11 meaning of contempt contempt is an act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a walsh,14 has been accepted by the supreme court of india in d j shield v ramesam15 there the court gave three categories of contempt. In case of india, under section 2(a) of the contempt of courts act of 1971 defines contempt of court as civil contempt or criminal contempt, it is generally felt that the existing law relating to contempt of courts is somewhat uncertain, undefined and unsatisfactory.
The supreme court also has the power to punish for contempt of itself the supreme court stands at the top of the judicial set-up of the country it supervision and controls the working of the high courts in the states its jurisdiction extends to the whole of the country in constitutional law, union laws and state laws. Contempt of court is the offense of being disobedient to or disrespectful towards a court of law being disrespectful to legal authorities in the courtroom, or wilfully failing to obey a court order may attract contempt of court proceedings a judge may impose sanctions such as a fine or jail for.