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Contempt of courts act, 1971

VINEETA SRINANDAN versus HIGH COURT OF JUDICATURE AT BOMBAY ON ITS OWN MOTION

Although the circular satisfied ingredients of criminal contempt, the High Court erred in refusing to consider remission under Section 12 because the appellant-contemnor promptly tendered an unconditional apology and there was no material to show lack of bona fides; where apology is genuine the Court may remit punishment under Section 12 and the High Court's reliance on earlier precedents was misplaced given different facts.

  • Section 12 contempt of courts act
  • Apology and remission of sentence
  • Scandalizing the court
  • Fair criticism
  • Ratio decidendi
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Contempt of court

IN RE: PRASHANT BHUSHAN AND ANR. versus IN RE:

The tweets in question contained false and distorted allegations which, viewed in context and considering the extent of publication and the standing of the author, tended to scandalise the Supreme Court, undermine its authority and shake public confidence in the judiciary and therefore constituted criminal contempt; the Supreme Court may initiate suo motu contempt proceedings under Article 129 without Attorney General's consent; Twitter as intermediary was discharged on the facts.

  • Suo motu proceedings
  • Article 129 of the constitution
  • Article 19(1) freedom of speech vs. restrictions
  • Fair criticism vs. scandalising the court
  • Intermediary liability under it act
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.