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Consider the following statements regarding contempt of court:
1. In India, on certain occasions, contempt of court can be a criminal offence.
2. There is no mention of contempt of court in the Constitution.
Which of the statements given above is/arecorrect?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Article 129 of Indian Consitution: Supreme Court to be a court of record
“The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.”
As per the Contempt of Courts Act of 1971, in India, contempt of court is of two types: Civil Contempt and Criminal Contempt.
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 processes of a court or wilful breach of an undertaking given to a court.
Criminal Contempt-Under Section 2(c) of the Contempt of Courts Act of 1971. Criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
(i) Scandalises or tends to scandalize, or lowers or tends to lower the authority of, any court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
For further reading:
https://economictimes.indiatimes.com/news/politics-and-nation/dont-restrict-definition-of-contempt-of-court-law-panel-to-government/articleshow/63815774.cms?from=mdr
By: Vishal ProfileResourcesReport error
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