Civil contempt

Polity & Governance glossary

Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT

Meaning

Civil contempt means wilfully (on purpose) disobeying a court's judgment, order or writ. It also covers breaking a promise (an undertaking) made to a court. It is governed by the Contempt of Courts Act 1971. Supreme Court and High Courts can punish it because they are courts of record (Arts. 129 and 215). The power exists so that court orders are actually obeyed.

Example

Suppose a court orders a state department to pay a worker's dues by a set date, and officials knowingly ignore the order. They can be punished for civil contempt with up to 6 months' simple jail, a fine of up to ₹2,000, or both. A sincere apology can end the case.

Don't confuse with

  • Criminal contempt: this means publishing or doing something that scandalises the court (lowers its authority), harms a pending case or obstructs justice. Civil contempt is about disobeying an order. Criminal contempt is about attacking the court's authority.

Related concepts

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