Consider the following statements regarding the Contempt of Court:1. Scandalizing the Court is a criminal offence in India.2. Supreme Court and High Courts derive their contempt powers from the Constitution. Which of the statements given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: C

Notes:

Statement 1 is correct. The Contempt of Courts Act, 1971 divides contempt into civil and criminal contempt.

Civil contempt refers to the willful disobedience of an order of any court.
Criminal contempt includes any act or publication which: (i) ‘scandalises’ the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.
‘Scandalising the Court’ broadly refers to statements or publications which have the effect of undermining public confidence in the judiciary.

Statement 2 is correct. The superior courts (Supreme Court and High Courts) derive their contempt powers from the Constitution.

Article 129 and 215 provide that Supreme Court and every High Court (respectively) shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.