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.
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ADVERTISEMENTS:
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.