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Mansi Aggarwal   10 February 2021

Contempt of court

If an advocate posts a blog and criticizes a judgment passed by a High Court on the grounds that the judges did not follow the law settled by the Supreme Court in an earlier decision, then is it a contempt of court? If so, why?


 2 Replies

Nandini Warrier   10 February 2021

Good evening,

Contempt of Court refers to the situation where there is an act of disobedience of the Court's orders, words or judgements. The Contempt of Courts Act, 1971 talks about what constitutes as contempt. It also talks about what punishment must be sanctioned on the person committing contempt of court. Article 129 of the Indian Constitution gives the Supreme Court the power to become the court of records, and allows the Supreme Court to punish any contempt of Court.

What exactly constitutes as Contempt of Court?

  • The laws classifying contempt divides contempt into two, civil contempt and criminal contempt namely. 
  • Civil contempt refers to breach of any undertaking given by the court, or willful violation of the court's orders. 
  • Criminal contempt has three parts to it-

             (a) words, written or spoken, signs and                       actions that “scandalise” or “tend to                       scandalise” or “lower” or “tends to                         lower” the authority of any court

             (b) prejudices or interferes with any                             judicial proceeding and

             (c) interferes with or obstructs the                              administration of justice.

What will not be contempt of court? 

Any fair reporting of the Court proceedings will not be considered contempt. And any fair criticism about the points of the court's judicial order will not be considered contempt. 

Therefore, if the advocate has put up any comments that are not scandalous to the court in any nature, and if it is only a fair criticism, then it will not be considered contempt of Court. 

You can always read more about contempt of Court in the following link-

Hope this helped!



Sankaranarayanan (Advocate)     30 April 2021

Nothing more need to be added.  Learned friend posted her maximum for your query

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