Wilful/wilful disobedience - Indian Laws - General

Expression wilful/wilful disobedience The Black s Law Dictionary, Sixth Edition, at page 1599, defines willful as hereunder: Proceeding from a conscious motion of the will; voluntary; knowingly; deliberate. Intending the result which actually comes to pass; designed; intentional; purposeful; not accidental or involuntary. Premeditated; malicious; done with evil intent, or with a bad motive or purpose, or with indifference to the natural consequences; unlawful; without legal justification. An act or omission is willfully done, if done voluntarily and intentionally and with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or to disregard the law. It is a word of many meanings, with its construction often influenced by its context. In civil actions, the word (willfully) often denotes an act which is intentional, or knowing, or voluntary, as distinguished from accidental. But when used in a criminal context it generally means an act done with a bad purpose; without justifiable excuse; stubbornly, obstinately, perversely. BALWANTBHAI SOMABHAI BHANDARI VERSUS HIRALAL SOMABHAI CONTRACTOR (DECEASED) REP. BY LRS. ORS- 2023 (9) TMI 1526 - SUPREME COURT In Niaz Mohammad and Others v. State of Haryana and Others - 1994 (9) TMI 364 - SUPREME COURT , explaining the expression wilful disobedience had held: 9. Section 2(b) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act ) defines civil contempt to mean wilful disobedience to any judgment, decree, direction, order, writ or other process of a court . Where the contempt consists in failure to comply with or carry out an order of a court made in favour of a party, it is a civil contempt. The person or persons in whose favour such order or direction has been made can move the court for initiating proceeding for contempt against the alleged contemner, with a view to enforce the right flowing from the order or direction in question. But such a proceeding is not like an execution proceeding under Code of Civil Procedure. The party in whose favour an order has been passed, is entitled to the benefit of such order. The court while considering the issue as to whether the alleged contemner should be punished for not having complied with and carried out the direction of the court, has to take into consideration all facts and circumstances of a particular case. That is why the framers of the Act while defining civil contempt, have said that it must be wilful disobedience to any judgment, decree, direction, order, writ or other process of a court. Before a contemner is punished for non-compliance of the direction of a court, the court must not only be satisfied about the disobedience of any judgment, decree, direction or writ but should also be satisfied that such disobedience was wilful and intentional. The civil court while executing a decree against the judgment-debtor is not concerned and bothered whether the disobedience to any judgment, or decree, was wilful. Once a decree has been passed it is the duty of the court to execute the decree whatever may be consequence thereof. But while examining the grievance of the person who has invoked the jurisdiction of the court to initiate the proceeding for contempt for disobedience of its order, before any such contemner is held guilty and punished, the court has to record a finding that such disobedience was wilful and intentional. If from the circumstances of a particular case, brought to the notice of the court, the court is satisfied that although there has been a disobedience but such disobedience is the result of some compelling circumstances under which it was not possible for the contemner to comply with the order, the court may not punish the alleged contemner. The expression Wilful excludes casual, accidental, bona fide or unintentional acts or genuine inability. It is to be noted that a wilful act does not encompass accidental, involuntary, or negligence. It must be intentional, deliberate, calculated and conscious with full knowledge of legal consequences flowing therefrom. The expression Wilful means an act done with a bad purpose, with an evil motive. Wilful is a word of familiar use in every branch of law, and although in some branches of law it may have a special meaning, it generally, as used in courts of law, implies nothing blameable, but merely that the person of whose action or default the expression is used is a free agent, and that what has been done arises from the spontaneous action of his will. It amounts to nothing more than this, that he knows what he is doing, and intends to do what he is doing, and is a free agent. (Per Bowen L.J. in Re Young and Harston 31 Ch. D. 174). It does not necessarily, connote blame, although the word is more commonly used of bad conduct than of good. (See Wheeler v. New Merion Board Mills (1933) 2 K.B. 669). Whatever is intentional is wilful. (per Day J. in Gayford v. Chouler (1898) 1 Q.B. 316). As observed by Russel C.J. in R. v. Senior (1899) 1 Q.B. 283, Wilful means deliberately and intentionally. [STATE OF ORISSA ORS. VERSUS MD. ILLIYAS- 2005 (11) TMI 469 - SUPREME COURT] In volume 45 of Words Phrases , the word wilful has been very clearly defined thus: Wilful intentional; not incidental or involuntary: - - done intentionally, knowingly, and purposely, without justifiable excuse as distinguished from an act done carelessly; thoughtlessly, heedlessly or inadvertently: - in common parlance word wilful is used in sense of intentional, as distinguished from accidental or involuntary. P. 296 - Wilful refers to act consciously and deliberately done and signifies course of conduct marked by exercise of volition rather than which is accidental, negligent or involuntary. In Volume III of Webster s Third New International Dictionary at page 2617, the word wilful has been defined thus: governed by will without yielding to reason or with out regard to reason; obstinately or perversely self-willed. In Black s Law Dictionary (4th Edn.) at page 1773 the word wilful has been defined thus: Wilfulness implies an act done intentionally and designedly; a conscious failure to observe care; Conscious; knowing; done with stubborn purpose, but not with malice. [S. SUNDARAM PILLAI VERSUS VR. PATTABIRAMAN- 1985 (1) TMI 306 - SUPREME COURT]