Maharashtra State PSC Model Paper 1

The correct answer is Both 1 and 2.

• Contempt of court, as a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
• There are two types of Contempt of court 
  • Civil contempt of court is the willful disobedience of a court order or judgment or willful breach of an undertaking given to a court. Hence, Statement 1 is not correct.
  • Criminal contempt of court is written or spoken words or any act that scandalizes the court or lowers its authority or prejudices or interferes with the due course of a judicial proceeding or interferes/obstructs the administration of justice. Hence, Statement 2 is not correct.

• The basis for contempt of court :
  • Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
  • Article 215 conferred a corresponding power on the High Courts.
  • The Contempt of Courts Act, 1971, gives statutory backing to the idea.
  •  Article 19(2) - contempt of court was made one of the restrictions on freedom of speech and expression.
• What is not contempt of court?
  • Fair and accurate reporting of judicial proceedings will not amount to contempt of court. Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.