Section 2 of the Contempt of Courts Act, 1971 - Definitions
Section 2 of the Contempt of Courts Act, 1971 defines the expressions "contempt of court", "civil contempt", "criminal contempt" and "High Court". These definitions determine the basic statutory meaning of contempt proceedings under the Act.
Text and meaning of Section 2
In this Act, unless the context otherwise requires-
(a) "contempt of court" means civil contempt or criminal contempt;
(b) "civil contempt" means 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;
(c) "criminal contempt" means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-
(i) scandalises or tends to scandalise, 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;
(d) "High Court" means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territory.
What is contempt of court under Section 2(a)?
Section 2(a) is an umbrella definition. It provides that "contempt of court" consists of either civil contempt or criminal contempt. The distinction is important because the conduct covered by clauses (b) and (c) is different.
What is civil contempt under Section 2(b)?
Civil contempt concerns wilful disobedience of a judgment, decree, direction, order, writ or other process of a court, or a wilful breach of an undertaking given to a court. The statutory use of "wilful" makes the character of the disobedience relevant; the definition is not framed as covering every instance of non-compliance irrespective of its nature.
What is criminal contempt under Section 2(c)?
Criminal contempt covers publication or other acts falling within any of the three statutory categories in Section 2(c): conduct affecting the authority of a court, conduct prejudicing or interfering with the due course of a judicial proceeding, and conduct interfering with or obstructing the administration of justice in another manner.
The definition should be read with the safeguards and qualifications elsewhere in the Act, including provisions dealing with innocent publication, fair and accurate reporting of judicial proceedings, fair criticism of judicial acts, complaints against presiding officers, and the circumstances in which contempt is punishable.
Meaning of High Court under Section 2(d)
For the purposes of the Act, "High Court" means the High Court for a State or Union territory and includes the court of the Judicial Commissioner in any Union territory.
Constitutional context
The Contempt of Courts Act, 1971 operates alongside the constitutional contempt jurisdiction of the superior courts. Article 129 of the Constitution declares the Supreme Court to be a court of record with power to punish for contempt of itself, while Article 215 makes corresponding provision for every High Court. Section 2 supplies the statutory definitions used throughout the 1971 Act.
Official legal source
For the authoritative Central Act text and amendments, refer to India Code - Contempt of Courts Act, 1971.
This page is intended for legal information and should be read with the current statutory text and applicable judicial decisions.