A short video clip from a courtroom goes viral. In it, a High Court judge appears to order the police custody of a young advocate during a hearing. The Supreme Court Bar Association expresses “shock” and seeks the Chief Justice of India’s intervention, warning that humiliating young lawyers harms the independence of the bar. Days later, the local advocates’ association says the matter is “amicably settled,” adding pointedly that “social media rarely captures the complete truth.”
The episode raises a question that matters beyond one courtroom: how much power does a judge actually have over a lawyer who is, after all, an officer of the court?
What is contempt of court?
Contempt is conduct that obstructs or undermines the administration of justice, or scandalises the authority of a court. Under the Contempt of Courts Act, 1971 it comes in two forms:
- Civil contempt — wilful disobedience of a court’s judgment, order, direction or undertaking.
- Criminal contempt — acts that scandalise or lower the court’s authority, prejudice a pending proceeding, or obstruct justice.
Under Articles 129 and 215, the Supreme Court and High Courts are “courts of record” with the power to punish for contempt.
How far the power reaches
- Fair criticism is protected. Fair, reasonable criticism of a judgment, and accurate reporting of proceedings, are not contempt.
- Truth can be a defence if it is in the public interest and raised bona fide.
- Procedural safeguards — notice and an opportunity to be heard apply, especially outside contempt committed in the immediate face of the court.
The power protects the administration of justice — not the personal feelings of any individual judge.
Where advocates stand
A lawyer is both an officer of the court and a representative of the client. They are expected to maintain decorum and not make baseless scandalous allegations — conduct that can attract contempt and professional-misconduct consequences under the Advocates Act, 1961. But advocates also have rights essential to a functioning system: to argue fearlessly and without humiliation or intimidation from the bench, and remedies including representations to bar bodies and approaches to higher courts.
Frequently Asked Questions
What are the two types of contempt of court?
Civil contempt (wilful disobedience of a court order) and criminal contempt (conduct that scandalises the court, prejudices a case, or obstructs justice), under the Contempt of Courts Act, 1971.
Can I be punished for criticising a judge or judgment?
Not for fair, good-faith criticism — that is protected. Contempt arises from conduct that genuinely scandalises the court or obstructs justice.
Can a judge order a lawyer into custody during a hearing?
Courts can maintain order and deal with contempt in their presence, but within legal limits and fairly. Advocates can approach higher courts if an order is improper.
Is truth a defence to contempt?
It can be, if it is in the public interest and raised bona fide.
What can a lawyer do if a judge behaves improperly?
Raise it with bar associations, make representations to the appropriate authorities, and challenge any improper order before a higher court.
This article explains general principles and does not comment on the merits of any specific incident. It is not legal advice; please consult a qualified advocate about your matter.
