What happens if someone falsely accuses me of contempt of court? What will be my remedy? Can I file a defamation case against that person then?
Rohini Kamble 04 February 2021
If you have been falsely accused and found innocent, then the court may order the opposing party to pay your legal fees. If you fail to convince the court then the Court may order simple imprisonment (which may extend to 6 months). Another common penalty is you will have to pay fine ( which may extend to 2000rs) or you will have to pay the other party's attorney fees.
Remedy for contempt of court is Apology. The contemner may tender apology to the court and the court may remit the punishment awarded for contempt.
Another remedy is appeal. Contempt of court Act, 1971 has provided for the statutory right of appeal against the orders of High Court passed in the exercise of its jurisdiction to punish for the contempt of the court. It provides that an appeal under Article 19(1) shall be filed within thirty days to the division bench of High Court and in case the order of punishment has been passed by division bench of High Court then within sixty days to the Supreme Court from the date of the order appealed against
Yes, You can file file defamation case on plaintiff if court not found you as a contemner.