July 11, 2021 Nikhil Kumar 0 Comments

The Contempt of Courts Act, 1971 was enacted to define and limit the powers of certain courts in punishing contemptof courts and to regulate their procedure in relation thereto. Proceedings of contempt are summary in nature and are sui-generics. The contempt of Courts can be either civil Contempt or criminal contempt. Civil contempt means wilful disobedience of the Court, whereas, criminal contempt means publication of content which aims to scandalise or lower the authority of the  Court, or interferes with the due course of any judicial proceeding or obstructs the administration of Justice in any manner.

Contempt Application is filed before the High Court under section 12 of the Contempt of Courts Act, 1971. The person who has committed Contempt of Courts may be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to Rs. 2000/-, or both. However, if the accused makes an apology to the Court, the Court may discharge the accused or remit the punishment.

Section 20 of the Contempt of Courts Act, 1971 provides for a limitation for initiation of action for contempt which is a period of one years from the date of alleged commission of contempt. The High Court can initiate the proceeding suo-moto or otherwise.

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