Does asking assumptive %26 presumptive questions... by somebody, in this FreeLawAnswer.com forum ; about some police officer, advocate, magistrate %26 legal system (without taking names of someone)cause ''Contemt of Court'' in india?
Answer:
No it doesn't amounts to contempt of court but when I said that I simply told you to assume it. You guys keep on asking questions in yahoo category of Law %26 Ethics which no where are concerning real legal problems but you make up stories thinking that lawyers here will be just keep on entertaining you with all sort of arguments which in reality no where exist. You should come with real problems not fantasies as this is a serious category relating to very serious topic, for entertainment purposes you can ask questions in that category. This morning only in you check Times of India Delhi edition, there is a news item on the first page itself where three young MBA's working in MNC were held by Intelligence Bureau %26 RAW personnel鈥檚 while they were traveling in flight from Delhi %26 discussing about High jacking of the plane, although they were let off after 8hours of grilling as nothing incriminating object were found with them %26 their identity were checked by these law enforcing people, just see how much the legal issues are taken seriously by every one %26 you guys take such issues as joke. Mind you these communities like FreeLawAnswer.com are too at surveillance by law enforcing bodies to keep a check of any incriminating activities if are being planned or executed through these comunities,you must have heard a lot about such Orkut communities about which lots of is being talked about in media %26 newsprint. So next time keep in mind that your question should be relating to some real legal problem not frivolous matters.
I'm not sure what contempt of court entails in India.
In the USA a contempt of court issue is literally whatever the presiding judge feels like it should be, without limitation.
Not really.
I completely agree with the answer given by Vijay M who has consistently answered peoples legal queries in a serious, comprehensive manner. This is a highly commendable attribute in his profession - where most of his peers would never dream of parting with any such comprehensive advice for free.
There are some absolutely ludicruous questions to be seen in this category nowadays which apart from being frivolous are also needlessly repeated by the same querist, innumerable times.
Contempt of court means disobedience to the orders, process rules or dignity of a court which has the power to punish for such offences. A direct contempt is insult or resist the powers of court or judges. Whereas a consequential contempt is one which creates a universal disregard of the authority of courts. If a person makes any remark derogatory tot he dignity of a judge so that free administration of justice is jeopardised amounts to contempt.
The underlying principle normally courts follow is that 'whether the action or remark of the alleged contemner interferes with or interrupt or thwart the course of justice'. If the answer is in negative then there is no contempt.
As far as your question is concerned, it does not come within the purview of contempt of court since questions are asked on assumptions and presumptions. Of course, questions indicating names and attributing malafides on the part of judges who gave a particular judgement may attract contempt of court. The dictum is 'you may criticise a judgement but not a judge'. However, it may attract defamation proceedings if names of the persons are mentioned with the imputations since it amounts to publication.
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