CIVIL CONTEMPT V. CRIMINAL CONTEMPT

Contempt in general parlance means disgrace or disregard for something. The legal analogy of the term translates to disrespect towards a court of law and its officers.

According to Black’s Law Dictionary, contempt is the act of demeaning the court, preventing justice administration, or disobeying a sentence of the court. It is criminal and can lead to fines or imprisonment.[1]

The offence of contempt is partly criminal and partly civil in nature which is perceptible from the definition of Contempt under section 2(a) of the Contempt of Courts Act, 1971(hereinafter referred to as the act) as civil contempt or criminal contempt. The act thus divides the expression ‘contempt’ into two parts:

1.     Civil contempt

2.     Criminal contempt

Definition-

Civil contempt is defined by section 2(b) of the act as,

 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

For example; in a case of maintenance, the court orders the husband to give the wife 1/3rd of his earnings every month. The husband does not abide by the order and is thus liable for civil contempt.

Criminal contempt is defined by section 2(c) of the act as,

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)              scandalizes 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 example: Consider hypothetically that LawVastutah on its twitter account posts the following tweet-

 

“Indian courts are useless! Haven’t been able to do justice to SSR till now. Dear Modiji, please help our SSR get justice.”

 

The above post scandalizes the entire judicial system and lowers the authority of the courts in India implying that a third party will be able to do justice better than the courts. Therefore, LawVastutah will be guilty of criminal contempt.

 

Consider another instance, say if an author of LawVastutah files a case against the founder member for sexual harassment. The founder member threatens the author to withdraw the suit or she will lose her job. This amounts to a hinderance in the administration of justice by the court. Hence, the founder member would be held guilty of criminal contempt.

A Canadian case explains in detail the difference between civil and criminal contempt,

Everywoman's Health Centre Society (1988) v. Bridges,

 

A civil contempt is one where the dispute is entirely between private parties which does not threaten the proper administration of justice. A criminal contempt is one where, because of the nature of the conduct in question, the issues transcend the interests of the parties, and the public has an interest in ensuring the proper administration of justice”.

 

Civil contempt is thus basically a legal leeway for a party to enforce its rights which are entitled to him/her through a court order. Civil contempt may be brought by the injured party and he/she can choose to let it go.

 

Criminal contempt is where the authority of the court has been defied by a party leading to an interference or an obstruction in justice. The injured party here is the court and justice.

 

An illustration to explain the difference between civil and criminal contempt, the court orders the father (Ross) of a child (Ben) to hand over the custody of the child to his mother, Susan. Ross does not abide by order as his second wife (Rachel) instigates him that if he does as ordered by the court, then Susan would never let him see Ben. Here, Ross would be liable for civil contempt as he disobeyed the order of the court whereas Rachel would be guilty of criminal contempt as she interfered in the course of justice.

 

Purpose-

 

The major factor of distinction between civil and criminal contempt is the purpose or the object of using the power of the court to institute a contempt proceeding. The purpose of civil contempt is to compel the contemnor to obey a court order for the benefit of the complainant whereas of criminal contempt is to discipline a person for undermining the authority of the court or interfering in the natural course of justice.[2]

 

Therefore, civil contempt proceedings are a form of execution wherein a sanction is imposed to assure the compliance of an order by the contemnor or compensate for any damages which are sustained by the complained due to the non-compliance of the contemnor.

 

Whereas, criminal contempt proceedings are initiated to preserve and vindicate the court’s authority and punish for disobedience of its orders.

 

To summarise, the aim of civil contempt is capitulation whereas that of criminal contempt is penance.

 

Sanction-

Civil contempt is an attempt at affecting the future actions of a party whereas criminal contempt punished the past actions of a person. In civil contempt, the order given by the court is to compensate the injured party for the losses whereas in criminal contempt the order given by the court is to reinstate the authority of the court. Thus, the nature of sanction in civil contempt proceedings is remedial while in criminal contempt proceedings, it is punitive. 

Mixed Contempt-

There have been various Indian cases[3] which describe a mixed type of contempt which constitutes of non-compliance of the order of the court, defiance of the court, and such conduct which interferes with the course of justice. Such type of contempt neither entirely civil nor entirely criminal is categorized as sui generis. 

BY

LAWVASTUTAH

 



[2] Pratap Singh v. Ajit Prasad, AIR 1966 All. 305.

[3] Dulal Chandra Bher v. Sukumar Banerjee, AIR 1958 Cal 474; Pratap Singh v. Ajit Prasad, AIR 1966 All. 305.

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