How to File a Contempt of Court Petition in India: Civil Contempt, Criminal Contempt, Contempt of Courts Act 1971, Process

Kaustav Chowdhury
3 days ago
8 min read

When a court order is wilfully disobeyed or when someone acts in a manner that scandalises or undermines the authority of a court, the affected party may file a contempt petition to enforce compliance or seek punishment for the contemnor. The law of contempt in India is governed by the Contempt of Courts Act, 1971, and the inherent powers of the Supreme Court and High Courts under Articles 129 and 215 of the Constitution. This article explains the distinction between civil and criminal contempt, who can file a contempt petition, the procedure for filing, the limitation period, available defences, and the penalties prescribed by law.

What Is Contempt of Court?

Under Section 2(a) of the Contempt of Courts Act, 1971, "contempt of court" means civil contempt or criminal contempt. These are two distinct categories with different definitions, procedures, and consequences.

Civil Contempt (Section 2(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. For example, if a court orders a party to pay a certain sum or to perform a specific act and the party deliberately refuses to comply, the aggrieved party can file a civil contempt petition.

Criminal Contempt (Section 2(c)): Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representation, 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, (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.

Who Can File a Contempt Petition?

The rules regarding who can initiate contempt proceedings differ for civil and criminal contempt:

Civil Contempt: Any person who is a party to the case in which the order was passed, or any person who is aggrieved by the non-compliance of the court order, can file a civil contempt petition. No prior consent of the Attorney General or Advocate General is required for filing a civil contempt petition.

Criminal Contempt: Under Section 15 of the Contempt of Courts Act, 1971, criminal contempt proceedings can be initiated (a) suo motu by the Supreme Court or the High Court, (b) on a motion made by the Attorney General or the Solicitor General (for the Supreme Court) or the Advocate General (for a High Court), or (c) on a motion made by any other person, but only with the prior consent in writing of the Attorney General (for the Supreme Court) or the Advocate General (for a High Court). This consent requirement acts as a safeguard against frivolous criminal contempt proceedings.

Which Court Has Jurisdiction?

The jurisdiction to hear contempt petitions is as follows:

Supreme Court (Article 129): The Supreme Court has the power to punish for contempt of itself. It can also take action for contempt of any court in India.

High Courts (Article 215): Each High Court has the power to punish for contempt of itself. High Courts also have jurisdiction over contempt of subordinate courts within their territorial jurisdiction.

Subordinate Courts: Subordinate courts (District Courts, Civil Courts, Magistrate Courts) do not have the power to punish for contempt on their own. If a subordinate court's order is disobeyed, the contempt petition must be filed before the High Court. Under Section 10 of the Contempt of Courts Act, the High Court may take action on a reference made by the subordinate court.

If the order that has been disobeyed was passed by a tribunal or quasi-judicial body, the contempt petition is generally filed before the High Court exercising jurisdiction over the area where the tribunal is located.

Step-by-Step Process to File a Contempt Petition

Step 1: Identify the Nature of Contempt

Determine whether the contempt is civil (disobedience of a court order) or criminal (scandalising the court or interfering with judicial proceedings). This classification will determine the procedure to be followed and whether prior consent of the Attorney General or Advocate General is required.

Step 2: Obtain Consent (for Criminal Contempt Only)

If filing a criminal contempt petition as a private individual, you must first obtain the written consent of the Attorney General (for proceedings in the Supreme Court) or the Advocate General (for proceedings in the High Court). This is done by making a representation to the Attorney General or Advocate General with the details of the alleged contempt and supporting evidence. The Attorney General or Advocate General will examine the merits and decide whether to grant consent.

Step 3: Draft the Contempt Petition

The contempt petition must include the cause title (name of the petitioner and the alleged contemnor), the details of the court order that has been disobeyed (in civil contempt) or the act that constitutes contempt (in criminal contempt), a clear narration of the facts showing wilful disobedience or the contemptuous act, the date of the alleged act of contempt, copies of the court order and supporting documents, and the prayer seeking punishment or compliance.

Step 4: File the Petition Before the Appropriate Court

File the contempt petition in the registry of the High Court or the Supreme Court, as applicable. Pay any applicable filing fees (contempt petitions in the Supreme Court are generally exempt from court fees; High Court fees vary by state but are typically nominal). The petition must be supported by an affidavit verifying the facts stated therein.

Step 5: Issuance of Notice

The court will examine the petition, and if it finds a prima facie case of contempt, it will issue a show-cause notice to the alleged contemnor, requiring them to explain why they should not be punished for contempt. In criminal contempt cases, the matter is placed before the Chief Justice for appropriate orders, and every case must be heard by a bench of not less than two judges.

Step 6: Hearing and Order

After hearing both parties, the court will pass an appropriate order. If the contempt is proved, the court may impose punishment under Section 12 of the Contempt of Courts Act, 1971. However, if the contemnor tenders an unconditional apology and the court is satisfied with it, the contemnor may be discharged.

If the original order that has been disobeyed was a stay order or injunction, you may also find our article on how to get a stay order from court in India useful for understanding the original process.

Documents Required for a Contempt Petition

1. A copy of the contempt petition with all annexures.

2. A certified copy of the court order that has been disobeyed (for civil contempt).

3. Evidence showing wilful non-compliance or the contemptuous act (copies of communications, photographs, publications, etc.).

4. An affidavit verifying the facts stated in the petition.

5. Written consent of the Attorney General or Advocate General (for criminal contempt initiated by a private person).

6. Proof of service of the original court order on the alleged contemnor (to establish that they had knowledge of the order).

7. Vakalatnama in favour of the advocate (if represented by counsel).

Limitation Period

Under Section 20 of the Contempt of Courts Act, 1971, no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. This one-year limitation period is strictly enforced. If the disobedience of the order is a continuing one (i.e., the party continues to defy the order on an ongoing basis), the limitation may be computed from the date of each fresh act of non-compliance.

Defences Available to the Alleged Contemnor

The following defences are available to a person accused of contempt:

1. No wilful disobedience: The contemnor may argue that the non-compliance was not wilful but due to circumstances beyond their control.

2. Ambiguity of the order: If the court order is vague or ambiguous, and the contemnor could not reasonably determine what compliance required, this may be a valid defence.

3. Compliance: The contemnor may show that they have already complied with the order in full.

4. Truth as a defence (for criminal contempt): Under Section 13(b) of the Contempt of Courts Act, truth is a valid defence in criminal contempt proceedings if the court is satisfied that the publication or statement was made in public interest.

5. Fair comment on the merits of a decided case: Under Section 5, fair and accurate reporting of judicial proceedings or fair criticism of the merits of a case that has been heard and decided does not constitute contempt.

6. Apology: Under Section 12, an unconditional apology tendered to the satisfaction of the court may result in discharge of the contemnor.

Penalties for Contempt of Court

Under Section 12 of the Contempt of Courts Act, 1971, the maximum punishment for contempt of court is simple imprisonment for a term which may extend to six months, or a fine which may extend to Rs. 2,000, or both. While the fine amount may appear modest, the real consequence of a contempt finding is the imprisonment and the reputational impact. Courts also have the power to order compliance as a condition for purging the contempt.

Common Mistakes to Avoid

1. Filing after the limitation period: Contempt proceedings cannot be initiated after one year from the date of the alleged contempt under Section 20.

2. Not establishing wilful disobedience: In civil contempt, mere non-compliance is not enough. The petitioner must demonstrate that the disobedience was wilful and deliberate, not due to inability or genuine difficulty.

3. Filing criminal contempt without consent: A private individual cannot initiate criminal contempt proceedings without the prior written consent of the Attorney General or Advocate General. Filing without this consent will result in rejection.

4. Filing before a subordinate court: Subordinate courts do not have jurisdiction to punish for contempt. Contempt petitions must be filed before the High Court or the Supreme Court.

5. Not serving the original order on the contemnor: If the contemnor did not have knowledge of the court order, contempt proceedings may fail.

If the underlying dispute involves enforcement of a decree, you may also wish to read our article on how to file an execution petition under Order 21 CPC, which provides an alternative remedy for enforcing court orders through the execution process.

Key Takeaways

1. Contempt of court under the Contempt of Courts Act, 1971 is of two types: civil contempt (wilful disobedience of a court order) and criminal contempt (scandalising or interfering with the authority of the court).

2. Any aggrieved party can file a civil contempt petition. For criminal contempt, a private individual requires the written consent of the Attorney General (Supreme Court) or the Advocate General (High Court) under Section 15.

3. Only the Supreme Court and High Courts have the power to punish for contempt. Subordinate courts must refer the matter to the High Court.

4. The limitation period for initiating contempt proceedings is one year from the date of the alleged contempt (Section 20).

5. The maximum punishment is six months' simple imprisonment or a fine of Rs. 2,000, or both (Section 12). However, an unconditional apology may lead to discharge.

6. Defences include absence of wilful disobedience, ambiguity of the order, compliance, truth in public interest (for criminal contempt), and fair comment on decided cases.