What are the possible defenses for contempt of court in India?

Asked 13-Sep-2022
Viewed 345 times

1 Answer


1

Contempt of court is a serious offense in India and can lead to imprisonment and/or fines of up to Rs. 2,000, or both. There are, however, a number of possible defenses that can be raised in order to avoid conviction. 
The possible defenses for contempt of court in India are as follows:

1. That the accused had no intention to commit contempt:

This defense can be raised if the accused can show that he or she did not act with the intention to commit contempt of court. For instance, if the accused made a mistake in a court document that was later corrected, this defense may be successful.

2. That the accused was not aware of the proceedings:

This defense can be raised if the accused can show that he or she was not aware of the proceedings in which the contempt allegedly occurred. For instance, if the accused was not present in court when the proceedings took place, this defense may be successful.

3. That the accused did not know that his or her conduct amounted to contempt:

This defense can be raised if the accused can show that he or she did not know that his or her conduct amounted to contempt of court. For instance, if the accused made a comment on a social media post about a court case without realizing that such comment could be considered contemptuous, this defense may be successful.

4. That the contempt was not committed in the face of the court:

This defense can be raised if the accused can show that the contempt was not committed in the 'face of the court.' For instance, if the accused made a comment on a social media post about a court case after the proceedings had concluded, this defense may be successful.

5. That the accused has been punished enough:

This defense can be raised if the accused can show that he or she has already been punished enough for the contempt. For instance, if the accused was fined or imprisoned for a short period of time for the contempt, this defense may be successful.

6. Finally, the accused may also be able to argue that the contempt proceedings were instituted maliciously. 

This defense is usually raised in cases where the accused believes that the proceedings were brought against them in bad faith, or where the proceedings were motivated by a desire to punish the accused rather than to uphold the dignity of the court. If the accused can show that the proceedings were brought maliciously, they may be able to avoid conviction.

What are the possible defenses for contempt of court in India