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