ISWAR SARAN DEGREE COLLEGE

A Constituent PG College Of University Of Allahabad

College with Potential For Excellence, NAAC Accredited B+

b.a.ll.b(hons.) 1oth semester 2023-24

Professional ethics assignment

toPic- maintaining judicial integrity :

understanding contemPt laws and
Professional ethics in legal field

Submitted to- Miss Shrishti Singh Maam

Submitted by- Omit Mishra

Roll no- 29
Contents

ISWAR SARAN DEGREE COLLEGE ................................................................................ 1

acknowledgement ...................................................................................................................... 3

introduction ................................................................................................................................4

contempt laws ............................................................................................................................ 4

1. Civil Contempt ................................................................................................................4

Defences to Civil Contempt ...............................................................................................5

2. Criminal Contempt ......................................................................................................... 6

3. Punishment for Contempt ............................................................................................... 6

4. Remedies against an order of Punishment ......................................................................7

5. Landmark Judgments ......................................................................................................7

proffessional ethics in legal profession ......................................................................................9

1. Introduction to Professional Ethics in India ................................................................. 10

2. The Object of Professional Ethics ................................................................................ 10

3. Existing Legal Framework ........................................................................................... 10

4. Nature of Professional Ethics ....................................................................................... 11

5. Need for Professional Ethics ........................................................................................ 11

6. Bridging the Gap ...........................................................................................................11

7. Advantages of Codified Professional Ethics ................................................................ 11

Conclusion ............................................................................................................................... 12

Bibliography ............................................................................................................................ 13
 ACKNOWLEDGEMENT

It gives me immense pleasure to express my sincere gratitude to my ‘Esteemed, Supervisor,

my Subject Teacher Miss Shrishti Singh Maam expert teachings without which present
assignment would not have been possible,

I record my special thanks to my friends and classmates who helped me on this assignment,

I record my special thanks to my institution, Faculty of Law, ISHWAR SHARAN DEGREE

COLLEGE for providing such a good faculty and all necessary books and documents from
rich library

Omit Mishra

29
INTRODUCTION

The integrity of the court is paramount in the legal system, and it is safeguarded by the
principles of contempt laws and professional ethics. Contempt laws serve to enforce the
authority of the judiciary, ensuring that court orders are obeyed and the administration of
justice is not impeded. Professional ethics, meanwhile, dictate the standards of conduct for
legal professionals, emphasizing respect for the court, honesty, and the fair representation of
clients. Together, these frameworks work to maintain the public’s trust in the legal system,
ensuring that justice is administered fairly and without prejudice. They are the bedrock upon
which the credibility and effectiveness of the judicial process rest.

CONTEMPT LAWS

In India, the concept of contempt of court is enshrined in the Contempt of Courts Act, 1971,
and is integral to maintaining the authority and dignity of the judiciary. The Act defines and
limits the power of certain courts in punishing contempt of courts and to regulate their
procedure in relation thereto.

Contempt of court is the offense of being disobedient to or disrespectful toward a court of law
and its officers in the form of behavior that opposes or defies the authority, justice, and
dignity of the court. It manifests in two forms: civil contempt and criminal contempt.

1. Civil Contempt

Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful disobedience
to the order, decree, direction, any judgment or writ of the Court by any person or willfully
breach of undertakings by a person given to a Court. Since Civil Contempt deprives a
party of the benefit for which the order was made so these are the offences
essential of private nature. In other words, a person who is entitled to get the benefit of the
court order, this wrong is generally done to this person.

There is a case on the willful disobedience of the court order which a person should know.

Utpal Kumar Das v. Court of the Munsiff, Kamrup1

1
AIR 2008 GAU 62
This is the case of non-rendering of assistance, although the court has ordered to render
assistance. Decree executed by the court to deliver immovable property but because of certain
obstruction, the defendant failed to do so. Hence, he was held liable for constituting
disobedience to the orders of the competent Civil Court.

Defences to Civil Contempt

A person who is accused of Civil Contempt of case can take the following defences:

 Lack of Knowledge of the order: A person can not be held liable for Contempt of
Court if he does not know the order given by the court or he claims to be unaware of
the order. There is a duty binding on the successful party by the courts that the order
that has passed should be served to the Individual by the post or personally or through
the certified copy. It can be successfully pleaded by the contemner that the certified
copy of the order was not formally served to him.
 The disobedience or the breach done should not be : If someone is pleading under
this defence then he can say that the act done by him was not done willfully, it was
just a mere accident or he/she can say that it is beyond their control. But this plead can
only be successful if it found to be reasonable otherwise your plead can be discarded.
 The order that has disobeyed should be vague or ambiguous: If the order passed
by the court is vague or ambiguous or this order is not specific or complete in itself
then a person can get the defence of contempt if he says something against that order.
In R.N. Ramaul v. State of Himachal Pradesh2 , this defence has been taken by the
respondent. In this case, the Supreme Court has directed the corporation of the
respondent to restore the promotion of the petitioner from a particular date in the
service. But the respondent has not produced the monetary benefit for the given
period and a complaint was filed against him for Contempt of Court. He pleads for the
defence on the given evidence that it has not mentioned by the court in order to pay
the monetary benefit. Finally, he gets the defence.
 Orders involve more than one reasonable interpretation: If the contempt of any
order declared by the court and the order seems to be given more than one reasonable

2
AIR 1989 SUPREME COURT 357,
 and rational interpretation and the respondent adopts one of those interpretations and
works in accordance with that then he will not be liable for Contempt of Court.
 Command of the order is impossible: If compliance of the order is impossible or it can
not be done easily then it would be taken as a defence in the case of Contempt of
Court. However, one should differentiate the case of impossibility with the case of
mere difficulties. Because this defence can be given only in the case of the
impossibility of doing an order.

2. Criminal Contempt

According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is Defined
as (i) the publication of any matter by words, spoken or written, or by gesture, or by signs, or
by visible representation or (ii) doing of any act which includes:

a) Scandalize or tends to scandalise, or lowers or tends to lower the authority of any

court, or
b) Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
c) obstructs or tends to obstruct, interfere or tend to interfere with the administration of
justice in any manner.

3. Punishment for Contempt

Section 12 of the Contempt of Court Act, 1971 deals with the punishment for Contempt of
Court. High Court and the Supreme Court have been given the power to punish someone for
the Contempt of Court. Section 12(1) of this Act states that a person who alleged with the
Contempt of Court can be punished with simple imprisonment and this imprisonment can
extend to six months, or with fine which may extend to two thousand rupees or can be of both
type punishment. However, an accused may be discharged or the punishment that was
awarded to him maybe remitted on the condition that if he makes an apology and this apology
should satisfy the court then only he can be exempted from the punishment of Contempt of
Court. Explanation of this sentence is that if the accused made an apology in the bona
fide then this apology shall not be rejected on the ground that it is conditional or qualified.

The court can not impose a sentence for Contempt of Court in excess of what is prescribed
under the given section of this Act either in respect of itself or of a court subordinate to it.

4. Remedies against an order of Punishment

Section 13 has been added in the Contempt of Court Act, 1971 after amendment in 2006. The
new Act may be called The Contempt of Court (Amendment) Act, 2006. This Section tells
that contempt of court cannot be punished under certain circumstances or certain cases.

Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006 states that no
Court under this Act shall be punished for Contempt of Court unless it is satisfied that the
Contempt is of such a nature that it substantially interferes or tend to substantially interfere
with the due course of Justice.

Clause (b) of Section 13 of this Act states that the court may give the defence on the
justification of truth if it finds that the act done in the public interest and the request for
invoking that defence is bona fide.

5. Landmark Judgments

Several landmark judgments have shaped the law of contempt in India. In the case of P.N.
Duda vs. P. Shiv Shanker & Others3, the Supreme Court held that the administration of
justice and judges are open to public criticism and judicial functions may be criticized in
good faith. However, the court also emphasized that the criticism must not impair or hamper
the administration of justice.

Here are a few landmark cases that have significantly contributed to the jurisprudence of
contempt laws in India:

3
1988 AIR 1208,
Baradakanta Mishra v. The Registrar of Orissa High Court 4: This case is pivotal in
emphasizing that the powers of contempt should be used sparingly and only when absolutely
necessary to uphold the dignity and authority of the judiciary1.

In Re: Prashant Bhushan and another:

Prashant Bhushan, a prominent activist and advocate, was found guilty of criminal contempt
of court by a three-judge Bench of the Supreme Court. This verdict was based on two tweets
he posted last June that were critical of the judiciary. The judgment, delivered by Justices
Arun Mishra, BR Gavai, and Krishna Murari, held that Bhushan’s tweets constituted
a scurrilous and malicious attack on the entire Supreme Court and responded firmly to this
unjustified attack.

Prashant Bhushan’s Tweets:

 On June 27, 2020, Bhushan tweeted: “When historians in the future look back at the
last 6 years to see how democracy has been destroyed in India even without a formal
Emergency, they will particularly mark the role of the Supreme Court in this
destruction & more particularly the role of the last 4 CJIs.”
 On June 29, 2020, he posted a photo of Chief Justice S.A. Bobde riding a Harley
Davidson motorcycle and tweeted: “CJI rides a 50 lakh motorcycle belonging to a
BJP leader at Raj Bhavan, Nagpur, without a mask or helmet, at a time when he keeps
the SC in lockdown mode denying citizens their fundamental right to access Justice!”

Verdict and Sentencing:

 The Supreme Court took suo motu cognizance of these tweets based on a
complaint filed by Mahek Maheshwari.
 Bhushan was held guilty of contempt of court for lowering the authority of the court
through his tweets.
 He was sentenced to a token fine of Rs 1

4
1974 AIR 710
In Re: Hon’ble Justice Shri C.S. Karnan: This is a unique case where a sitting High Court
judge was held in contempt by the Supreme Court, which led to a sentence of imprisonment2.

 M.V. Jayarajan v. High Court of Kerala5: In this case, the Supreme Court reiterated
the importance of maintaining the dignity of the courts and clarified the scope of
permissible criticism.
 Hari Singh Nagra v. Kapil Sibal: This case involved the interpretation of what
constitutes contempt in the context of personal defamation versus scandalizing the
court2.
 Abhyudaya Mishra v. Kunal Kamra: This recent case involves allegations of
contempt against the comedian Kunal Kamra for his tweets about the Supreme Court2.
 Aditya Kashyap v. Rachita Taneja: This case involves allegations of contempt
against a cartoonist for her tweets containing cartoons on the Supreme Court2.

These cases reflect the evolving nature of contempt jurisprudence in India and the balance the
judiciary seeks to maintain between upholding respect for the legal system and protecting
freedom of expression

The Contempt of Courts Act, 1971, thus serves a dual purpose. It protects the authority of the
judiciary by penalizing actions that disrespect the court or obstruct the administration of
justice. At the same time, it balances this authority with the individual’s right to free speech
and expression, ensuring that criticism is not stifled as long as it does not interfere with the
administration of justice .

PROFFESSIONAL ETHICS IN LEGAL PROFESSION

Professional ethics in the legal field are the cornerstone of maintaining judicial integrity.
These ethics guide legal professionals in their conduct and decision-making, ensuring that
they uphold the principles of justice, fairness, and the rule of law. Here’s a comprehensive
overview of professional ethics in the legal profession:

5
AIR 2015 SC 100
 1. Introduction to Professional Ethics in India

In India, the legal profession is regarded as a noble vocation. The Bar Council of India,
established under the Advocates Act, 1961, is the regulatory body that sets the standards for
professional conduct and ethics1. These standards are designed to ensure that lawyers act in a
manner that upholds the dignity of the profession and the judicial system.

2. The Object of Professional Ethics

The primary objective of professional ethics is to maintain the dignity and integrity of the
legal profession. This includes ensuring that lawyers serve society honestly, present cases
formally, and foster trust in the justice system1.

3. Existing Legal Framework

The Advocates Act, 1961, and the Bar Council of India Rules lay down the professional
ethics that lawyers must follow. These rules cover a lawyer’s duty towards the court, their
clients, opponents, and witnesses1.

Duty Towards the Court

Lawyers have a duty to maintain a respectful attitude towards the court and not engage in
behavior that would impede the course of justice. They must also exhibit a high standard of
fairness and integrity1.

Duty Towards the Client

The relationship between a lawyer and a client is fiduciary, meaning it is based on trust.
Lawyers are expected to maintain confidentiality and represent their clients’ interests to the
best of their ability.

Duties of an Advocate towards Society

 Duty to promote access to justice

 Duty to promote legal education and awareness
 Duty to uphold the rule of law and social justice
Duties of an Advocate towards Colleagues

 Duty of professional courtesy and cooperation

 Duty to report professional misconduct
 Duty to mentor and guide junior advocates

4. Nature of Professional Ethics

Professional ethics in law are not just about following rules but also about internalizing
ethical principles and applying them in practice. This includes being honest, fair, and
respectful of the legal process1.

5. Need for Professional Ethics

Ethics are essential in the legal profession to ensure that lawyers conduct themselves in a way
that is conducive to the administration of justice and the welfare of society1.

6. Bridging the Gap

There is a need to bridge the gap between legal ethics and the legal profession to ensure that
lawyers not only follow the letter of the law but also the spirit of ethical practice1.

7. Advantages of Codified Professional Ethics

Having codified ethics helps in setting clear expectations for professional conduct and
provides a basis for disciplinary actions against those who violate these standards1.
 CONCLUSION

Professional ethics are fundamental to maintaining the integrity of the legal profession and
the judiciary in India. Lawyers are expected to adhere to these ethical standards to ensure the
fair administration of justice and to uphold the rule of law.

Contempt laws and professional ethics are pivotal in maintaining judicial integrity. In India,
the Contempt of Courts Act, 1971, empowers the judiciary to penalize actions that obstruct or
lower the authority of the courts, ensuring compliance with court orders and respect for the
legal process. This law strikes a delicate balance between upholding judicial authority and
protecting individual rights, including freedom of expression⁶⁷.

Professional ethics in the legal profession complement contempt laws by setting standards for
lawyers' conduct. These ethical guidelines demand lawyers to act with honesty, uphold the
interests of their clients, and maintain the dignity of the courts. The Bar Council of India
codifies these standards, emphasizing the role of lawyers in the administration of justice and
the importance of their duty towards the court, clients, and society¹².

Together, contempt laws and professional ethics form a robust framework that supports the
judiciary's function. They deter conduct that could undermine the court's authority, encourage
adherence to legal procedures, and foster a culture of respect within the legal community.
This framework is essential for preserving the public's confidence in the judiciary and
ensuring that justice is administered fairly and without prejudice.
BIBLIOGRAPHY

There are no sources in the current document.

https://blog.ipleaders.in/contempt-of-court-2/ ( last visited on 7/04/2024)

https://www.lawyersclubindia.com/articles/contempt-of-courts-act-1971-and-rules-a-
comprehensive-analysis-16112.asp ( last visited on 6/04/2024)

https://www.legalserviceindia.com/legal/article-3962-legal-profession-and-ethics.html ( last
visited on 5/04/2024)

https://www.myadvo.in/blog/code-of-conduct-for-lawyers-in-india/ ( last visited on

7/04/2024)

https://www.lawinsider.in/columns/appeal-and-review-of-contempt-charges ( last visited on

4/04/2024)

https://www.studocu.com/in/document/sharda-university/business-communication/contempt-
of-court-and-professional-ethics-i-pleaders/81623625 ( last visited on 6/04/2024)