Q.

1 The certificate for public exhibition is been done by the Central Board of Film
Certification.There are 4 categories that they have to look before certifying the films. The 4
categories are “U” (Unrestricted public exhibition), A (restricted to audience exhibition), UA
(unrestricted public exhibition subject to parental guidance for children below age of 12) and
S (restricted to specialized audiences such as doctors or scientists). The Guidelines are been
issued under section 5B of Cinematograph Act, 1952 which specifically says that “a film
shall not be certified for public exhibition if, in the opinion of the competent authority to
grant the certificate, the film or any part of it against the interests of the sovereignty and
integrity of India, the security of states, friendly relations with foreign states, public order,
decency, or morality or involves defamation or contempt of court or is likely to incite the
commission of any offence. The film or video film and other material are to be submitted to
the regional officer of the current regional centre. On receipt of all the necessary documents,
fees and material, the regional officer will form an examining committee to view the film.
The examining committee will consists of an officer of CBFC and an advisory panel member
if it is a short film. If it a movie, then the committee will consists of 4 members out of which
2 will be women. After the film is previewed, the members of the committee will give report
in writing which will include the recommendations or modifications if it is necessary to be
made in the movie and the same is to be submitted to the Chairperson. The chairperson on his
own motion or on the request of the applicant can give the film to the Revising Committee.
The members comprising of the revising committee would be a chairperson, and nine
members drawn from CBFC or advisory panel. But the members of the revising committee
should not be in the examination committee. Before leaving the theatre, the revising
committee need to give their verdict. If the chairperson is not satisfied with the verdict, then
he/she can appoint a new revising committee which will comprise of 5 members out of which
minimum 2 should be women. If there are any prejudicial views that are to be passed against
the applicant, then the applicant is given the right to be heard before EC/RC. The Film
Certification Appellate Tribunal is been headed by a retired judge as chairperson and 4 other
members. The Guidelines are been issued under the Cinematograph (Certified) Rules. The
guidelines were issued at December 6, 1991.

Q.2 The powers to revoke the certificate is with the CBFC. The advocate can file a police
complaint and the police has to register the complaint under section 7 of the Cinematograph
Act, 1952. The police can go to the cinema halls and seize the print if it is necessary to do so.
The print then will be handed over to the regional officer of CBFC and then the officer of
CBFC will in presence of Special Executive Magistrate examine the seized print. The
Magistrate will then make his report, on the basis of which prosecution under section 7 can
be launched. A writ of mandamus can be filed. A writ petition can be filed in which CBFC
can be made a party to it because they were the one who gave the certification to the
particular film. They also fall under the purview of Article 12 of the Constitution of India.
But while filing the writ petition, the advocate can’t file the case in FCAT of CBFC.

Q.3 The issuing of the validity of the certificate is been provided by CBFC. i think that they
are the proper authorities to give the certificate as it is their expertise. Though every citizen
has the right to file a case against the issuance of the certificate. The aggrieved person can file
a writ petition against the issuance of the certificate and can also file an application stating
that the publicizing of the video should be stopped so that the people are not been affected by
the posters and videos. It is obvious that it is upon the court to decide whether the petition can
be entertained or not. My opinion would be issuance of certificate can be appealed but the
authority should stay with CBFC only. The steps that can be taken is High Court or Supreme
Court can set up the guidelines which should be followed by the directors before making the
film and also can be followed by the issuing authority. As this is a common law country, it
completely revolves around the precedent. So this can also be used as a precedent.