Encyclopedia of Indian LawCIVIL

The court is both the accuser as well as the judge of the accusation in case of ‘Contempt’

In Debabrata Bandopadhyay and Ors. v. The State of West Bengal and Anr., AIR 1969 SC 189, this Court observed as under:

A question whether there is contempt of court or not is a serious one. The court is both the accuser as well as the judge of the accusation. It behoves the court to act with as great circumspection as possible making all allowances for errors of judgment and difficulties arising from inveterate practices in courts and tribunals. It is only when a clear case of contumacious conduct not explainable otherwise, arises that the contemner must be punished. It must be realised that our system of courts often result in delay of one kind or another. The remedy for it is reform and punishment departmentally. Punishment under the law of Contempt is called for when the lapse is, deliberate and in disregard of one’s duty and in defiance of authority. To take action in an unclear case is to make the law of contempt do duty for other measures and is not to be encouraged.

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