Understanding Contempt of Court

As per press reports, Mamata Banerjee's recent remarks against the judiciary has led to a contempt petition being filed against her today in the West Bengal High Court. While it is up to the judiciary to give a verdict on this matter, it is essential that we as citizens understand what contempt of court really amounts to. In India, the Contempt of Courts Act of 1971 (see full text of the act as provided by Ministry of Home Affairs) deals with this issue. As defined in the act, it is "an act to define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto". As per Section 2a, 2b and 2c of the act -

(a) “contempt of court” means civil contempt or criminal contempt;

(b) “civil contempt” means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court;

(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) 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.

While I am no legal expert and certainly have no knowledge of past cases dealing with contempt of court, going by the above definitions alone, Mamata Banerjee's act would amount to criminal contempt of court if the allegations against her are indeed true. However, it is up to the courts to decide whether her actions really amount to contempt of court and then provide appropriate punishment if found guilty.