Wednesday, 13 January 2021

Distinction between civil and criminal contempt

Code of Civil Procedure


Distinction between civil and criminal contempt:

In Samee Khan v. Bindu Khan, AIR 1998 SC 2765, the Supreme Court explained the distinction between a civil and criminal contempt observing that enforcement of the order in civil contempt is for the benefit of one party against another, while object of criminal contempt is to uphold the majesty of law and the dignity of the court. The scope of the proceedings under Order XXXIX Rule 2A CPC is entirely different. It is a mode to compel the opposite party to obey the order of injunction by attaching the property and detaining the disobedient party in civil prison as a mode of punishment for being guilty of such disobedience. Breach of undertaking given to the court amounts to contempt in the same way as a breach of injunction and is liable to be awarded the same punishment for it.


Code of Civil Procedure




Reference: http://www.nja.nic.in/16%20CPC.pdf

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