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Difference between Civil Contempt and Criminal Contempt are

given below:
Civil Contempt:
1. Civil Contempt is defined in Section 2(b) of the Contempt of Courts Act, 1971.

2. “Willful disobedience to any judgment, decree, direction, order, writ or other process of a Court
or willful breach of an undertaking given to a court, are regarded as civil contempt’s.

3. Willfully disobeying the Court orders or willfully breaching his own undertaking are the civil
contempt.

4. It contains less seriousness

5. Generally, the party aggrieved by the acts of the contemner brings to the notice of the Court
about such contempt, by an application.

5. Generally the majority of the civil contempts are done by the judgment debtor or any other
person whom the Court had already directed or ordered to do a certain civil work.

ADVERTISEMENTS:

6. The degree of standard of proof is required lesser to that of criminal contempt proceedings.

7. Apology: Apology is a good defence. Majority cases, the Courts satisfy if the contemnor gives
an unconditional apology, and also an undertaking to fulfil the obligation.

8. A Civil Contempt may be considered as criminal contempt, if the contemner neglects to obey
the Court’s orders already given in the previous instance.

9. A civil contempt is generally limited to the parties to a suit, viz. Judgment debtors, Governmnt
officers, authorities. A civil contempt arises when the Court issues certain directions of them, and if
they fail to comply such orders.

ADVERTISEMENTS:

10. Mens rea is an essential ingredient to be proved in civil contempts.

11. In majority of the Civil contempts, the Court gives the contemner to correct and rectify his
conduct, before punishing.

Criminal Contempt:
1. Criminal Contempt is defined in Section 2(c) of the Contempt of Courts Act, 1971.

2. The publication (whether by words, spoken or written, or by signs, or by visible representation or


otherwise) of any matter or the doing of any other act whatsoever is a criminal contempt.
3. The following act is the criminal contempts:-

(i) scandalises, or tends to scandalise, or lowers or tends to lower the authority of, any Court; or

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner.”

4. It is more serious and aggravated from of offence.

5. Generally, the Court itself takes the cognizance of the case, immediately after the commission
of criminal contempt.

6. A Court issues an order addressing the Jail Superintendent to release a prisoner. If the Jail
Superintendent does not release the prisoner, he is said to have committed ‘Criminal Contempt’.

7. In a breach of contract, Court orders the defendant to pay the decretal amount in the
instalments and fixes the number of instalments, amount and date of payment of each instalment.
If the judgment-debtor fails to pay any one instalments, he is said to have committed ‘Civil
Contempt’.

8. Majority of Civil Contempts are constructive or indirect contempts, i.e. violation of Court orders.

9. Majority of criminal contempts is direct contempts, and make the judges annoyance directly.

10. Criminal Contempts may be committed by any person i.e. visitors, witnesses, police, experts
(who are summoned to give their opinions), advocates, etc. Even Judges, magistrates or any ther
presiding officer are not exempted.

11. The degree of standard of proof is required higher than that of civil proceedings.

12. Apology: In majority of the Criminal Contempts cases, the Courts accept the apology of the
contempts, but may not incline to set aside the punishments. Only in genuine, old aged
contemnors, the Courts may show shympaty and may reduce the period of imprisonment or post
pone the punishment or atleast give reprimand.

13. A Criminal contempt cannot be converted into a civil contempt. Once a criminal contempt
proceeding is instituted it does not lose its ‘Criminal’ nature in conducting the proceedings.

14. A Criminal contempt is exhaustive can be applied to any person or authority such as litigants,
witness, advocates, police officers, Government officers, authorities, and even judicial officers.

15. Mens rea is need not be proved and is essential in criminal contempts.
16. In Criminal contempts a contemner is not allowed to put forward evidence or proved in civil
contempts.

16. In majority of the civil contempts, the Court gives the contemner to correct and rectify his
conduct, before punishing.

17. In genuine circumstances, a contemner is allowed to put forward evidence or circumstances to


justify his obedience to the Court orders Essential in criminal contempts.

16. In majority of the criminal contempts, the Court may not give any opportunity to the contemner,
and may not excuse such attitude.

17. In Criminal contempts a contemner is not allowed to put forward evidence or circumstances to
justify the imputations.

Bar bench relation

(i) Bar :

Advocates are enrolled by the State Bar Council as such, on getting L.L.B degree from a
University and getting a certain training under some advocate as prescribed by rules. The
advocates are known as the 'Bar' as a whole body of advocates and an advocate represents the
Bar. In short, Bar is a collective term for the attorneys who are licensed to practice in the Courts,
or a particular court, of any state.

(ii) Bench :

Bench means all the judges taken together as distinguished from the ‘Bar’ the name for
all the members of the legal profession-bench is that part of the court considered in its official
capacity, while the judges are sitting. The earlier meaning of Bar contained the part of Bench
also at the present term ‘Bar’ is applied for the attorneys part of the court and the term is used
for the judicial officers part of the Court.

2) Role of Bar Bench in Administration of Justice

The Bar and Bench play important role in the administration of justice. According to
Justice C.L. Anand, there is no office in the State of such power as that of the Judge. Judges
hold power which is immensely greater than that of any other functionary. The common people's
life, and liberty, personal domestic happiness, property, and reputation subject to the wisdom of
the judges and hang citizens on their decisions. If Judicial power becomes corrupt no security is
left of life, liberty expires, there no guarantee is left of personal or domestic happiness. A strong
powerful, impartial active and the capable judiciary is the greatest need of a State. On the
account of the importance of the judges in the maintenance of the orderly society, judges should
perform their duties.

Like Judges, Advocates also plays important role in the administration of Justice.
Advocates are officers of the Court, they are expected to assist the Court in the Administration
of Justice. Advocates collect materials relating to the case and thereby assist the Court in
arriving at a (conclusion)correct judgment. An advocate is a partner with the judiciary in the
administration of Justice.

3) Bar-Bench Relations:

Administration of Justice is not something which concerns Bench only. It concerns the Bar
also. Mutual respect is necessary for the maintenance of the cordial relations between the Bar
and Bench. Advocates and Judges are complementary to each other. Bar is the Principal ground
for recruiting Judges. So they both belong to the same community. ar and Bench should
maintain cordial relations with each other. But on account of nature of duties to be
discharged by advocates and judges, they may get into dialogues sometimes, humorous,
sometimes heated and sometimes harsh.

Scandalising of the court by an advocate is really polluting the very foundation of justice and
such conduct by an advocate brings disrepute to the whole administration of justice.
The attitude of an Advocate towards the Court should be one of the uniform respect, whatever
the status of the Court. Advocates Private opinion about the Presiding officer, he must not show
in its behavior because he has to uphold the dignity of the judiciary as an institution. At the
same, it is equally the duty of the judiciary not only to be polite towards the members of the Bar
but to do everything possible to advance ints high traditions.

The uncourteous conduct or misconduct of a lawyer or judge may amount to contempt of


Court, there are two Types of Contempt of Court. for example, using insulting language
against a judge or threatening him with transfer or impeachment or addressing the judge in a
loose manner or questioning his authority to ask questions or making scandalous allegations
against a judge etc. It amounts to contempt of Court. He is liable for his uncourteous act and
punishable for such contempt of Court. The punishment for contempt of Court is intended to
protect the public confidence in the system of Administration of Justice.

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