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Contumacy

What is Contumacy?

CONTUMACY is the denial or neglect of a party accused to come out and answer to a charge preferred against him in a court of justice, which is usually punished as contempt of court. Simple disobedience does not constitute contumacy. Such crime springs only from unambiguous resistance to the reiterated or authoritative orders of a court of justice and implies contempt or denial of its authority. This word is taken from the Latin contumacia, disobedience, meaning firmness or stubbornness. It refers to a stubborn rejection to obey authority, or particularly, in law, the willful contempt of summons or the order of the court. The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in United States.

Contumacy is of 2 types:
  • Actual
  • Presumed

Actual contumacy is when the party before the court refuses to obey some order of the court. Presumed contumacy is the act of refusing or declining to appear upon being cited. All below given reasons excusing appearance in court free from contempt of court. The following are:

  • Sick health
  • Nonappearance on public affairs
  • Stormy weather.
  • Summons to a higher court
  • Insecure place to which mentioned.

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