Film Certification

1. What everyone should know?

2. Freedom of Speech and Expression
3. Why is Film Certification Necessary?
4. Film Certification in India Inro
5. Who does Film Certification?
6. What Guides the CBFC in its Decisions?
7. The process of certification
8. Violations
9. Film Posters
10. What the Government is doing to Ensure Cleaner Films?
11. Penalties for Violations
12. Your role in vigilance?
1. Introduction
1.1. India has the largest film industry in the world, making over 1250
feature films and larger number of short films every year. At a rough
estimate, a total of about 15 million people see films in India every day,
either at its over 13,000 cinema houses or on the video cassette recorder
or on the cable system. Thus, every two months, an audience as large as
India s entire population flocks to its cinema houses.
1.2. There is huge investment in films and lakhs of people earn their
livelihood from it. With such a large enterprise, it is natural that film-
makers have to do their utmost to make the product which will fetch the
best returns. In doing this, they also have to keep in mind the growing
competition from television, video, cable and now satellite. Naturally,
therefore, the film-makers are apt at times to go slightly overboard in
their enthusiasm in what they show, which may appeal to some, but may
be unacceptable to a large section of people.
1.3. It is here that film certification has to play a part. But mere
certification is not enough, especially when there are violations. And the
police, which has so many other tasks to perform, has little time to detect
these violations. This is where the citizen must step in and help the law
enforcing agencies in strengthening the machinery of film certification.
2. Freedom of Speech and Expression
2.1 India has a free press and the same freedom applies to cinema, which
is free enterprise and outside the control of Government except the Films
Division and the Doordarshan, which are aimed at educating and
informing the public, while entertaining them. The press in India is free of
any control when compared to other countries of the world, and the same
applies to cinema.
2.2 However, neither cinema nor press is separately listed in the
Constitution, although freedom of speech is a constitutional right under
Article 19(1)(a) which says that all persons shall have freedom of speech
and expression. The freedom of expression is interpreted as the right to
express ones opinion by word of mouth, writing, printing, picture or any
other manner, including movies.
2.3 But this right is subject to reasonable restriction on grounds set out
under Article 19(2) of the Constitution. The reasonable restrictions can be
put in the interests of the sovereignty and integrity of India, the security
of the State, friendly relations with foreign states, public order, decency or
morality or in relation to contempt of court, defamation or incitement to
an offence.
2.4 Thus, the framers of the Indian Constitution felt it essential to put
certain reasonable restrictions in the larger interest of the community
and the country and strike a proper balance between the liberties
guaranteed and the social interests specified in Article 19(2). However, it
is the duty of the State to protect the freedom of expression since it is a
liberty guaranteed by the Constitution.
2.5 It is, therefore, clear that while the media print, electronic, film or
any other, is free to express opinion and thought, it is only in the larger
public interest that there should be some control/restraint howsoever
minuscule.
2.6 Further, since the reasonable restrictions are in public interest, it
becomes the duty of the public to ensure that this freedom is not violated
by unscrupulous elements in society, bent upon misusing the liberty given
to them by the State and the Constitution.
3. Why is Film Certification Necessary?
3.1 While the media in our country are free, it is considered necessary in
the general interest to examine the product when it goes out for public
consumption. While there is no certification of published material, need
was felt to have certification for films because of the effect that the audio-
visual medium can have on the people which can be far stronger than the
influence of the printed word, particularly on the impressionable minds of
the children.
3.2 Film certification is thus the end product of the process of previewing
of film and it includes a decision either not to allow a particular film or
public viewing or to allow it for public viewing with certain deletions and
/ or modifications or at least proper categorization of the films.
Furthermore, it is to ensure that the children do not get exposed to
psychologically damaging matter.
3.3 The Supreme Court in a judgment in 1989 said that film certification
becomes necessary because a film motivates thought and action and
assures a high degree of attention and retention as compared to the
printed words. The combination of act and speech, sight and sound in
semi-darkness of the theatre with elimination of all distracting ideas will
have a strong impact on the minds of the viewers and can affect emotions.
Therefore, it has as much potential for evil as it has for good and has an
equal potential to instill or cultivate violent or good behavior. It cannot be
equated with other modes of communication. Certification by prior
restraint is, therefore, not only desirable but also necessary.
4. Film Certification in India
4.1 The Cinematograph Act, 1952 (Act 37 of 1952), apart from including
provisions relating to Constitution and functioning of the CBFC or the
Central Board of Film Certification (called the Central Board of Film
Censors before 1983), also lays down the guidelines to be followed by
certifying films. Initially, there were only two categories of certificate
U (unrestricted public exhibition) and A (restricted to adult
audiences), but two other categories were added in June, 1983 UA
(unrestricted public exhibition subject to parental guidance for children
below the age of twelve) and S (restricted to specialized audiences such
as doctors or scientists). The 1952 Act has been amended time to time to
make it up to date. Still the Act has become dated and Central Govt. is
actively considering to replace the 1952 Act with a new one.
4.2 The present certification of films is governed by the 1952 Act, the
Cinematograph (Certification) Rules promulgated in 1983 and the
Guidelines issued there under from time to time, the latest having been
issued on December 6, 1991. The Guidelines are issued under section 5B
of the Act, which says that a film shall not be certified for public
exhibition, if, in the opinion of the authority competent to grant the
certificate, the film or any part of it is against the interests of the
sovereignty and integrity of India, the security of the States, friendly
relations with foreign State, public order, decency or morality or involves
defamation or contempt of court or is likely to incite the commission of
any offence.
5. Who does Film Certification?
5.1 The CBFC or the Central Board of Film Certification (known till June 1,
1983 as the Central Board of Film Censors) was set up in Mumbai, initially
with regional offices at Mumbai, Chennai and Calcutta on 15.1.1951. At
present there are nine such offices located at Mumbai, Chennai, Calcutta ,
Bangalore , Hyderabad , Thiruvananthapuram, Delhi , Cuttack and
Guwahati.
5.2 Then there is a Film Certification Appellate Tribunal (FCAT) which has
been constituted under section 5D of the 1952 Act for hearing appeals
against any order of the CBFC. This tribunal is based in New Delhi .
5.3 While the work of certification of films is a Central subject, the States
have to enforce the penal provisions of the 1952 Act and bring the
offenders to book.
5.4 The organizational structure of the CBFC is based on the provisions of
the Cinematograph Act, 1952 and the Cinematograph (Certification)
Rules, 1983. The Board consists of a Chairperson and not less than twelve
and not more than twenty-five other members appointed by the Central
Government. They are appointed for a period not exceeding three years.
They are eminent persons from different walks of life such as social
sciences, law, education, art, film and so on, thus representing a cross-
section of society.
5.5 The CBFC is assisted by advisory panels in the regional offices each of
which is headed by a regional officer and the members of these panels are
also representative of a cross-section of society and interests. These
members will hold office for a period not exceeding two years. However,
members can be re-appointed.
5.6 The CBFC has divided itself into Examining and Revising Committees
to provide a two-tier jury system for certification of films. In the event of a
difference of opinion in the Examining Committee or the applicant not
being satisfied with the decision of the Examining Committee, the
Chairperson can refer the film to a Revising Committee.
5.7 The Certification rules also apply to foreign films imported into India ,
dubbed films and video films. In the case of dubbed films, the CBFC does
not have any fresh certification for the visual in general cases. The
certification does not apply to films made specifically for Doorsdarshan,
since Doordarshan programmes have been exempted from the
certification provisions and Doordarshan has its own system of examining
such films.
6. What Guides the CBFC in its Decisions?
6.1 Section 5B(2) of the 1952 Act lays down that, in addition to the
general guideline laid down in Section 5B(1), the Government may issue
such directions as it may think fit setting out the principles which shall
guide the authority competent to grant certificates under this Act in
sanctioning films for public exhibition.
6.2 These directions, commonly understood as a guidelines, have been
issued by the Government and have also been amended from time to time,
keeping in mind the changes in social outlook from time to time and also
the kind of films being made.
The Guidelines issued on December 6, 1991 state as under:
1. The objectives of film certification will be to ensure that
a) The medium of film remains responsible and sensitive to the values
and standards of society;
b) Artistic expression and creative freedom are not unduly curbed;
c) Certification is responsive to social changes;
d) The medium of film provides clean and healthy entertainment; and
e) As far as possible, the film is of aesthetic value and cinematically of a
good standard.
2. In pursuance of the above objectives, the Board of Film Certification
shall ensure that-
i) Anti-social activities such as violence are not glorified or justified;
ii) The modus-operandi of criminals, other visuals or words likely to
incite the commission of any offence are not depicted;
iii) Scenes
a. Showing involvement of children in violence as victims or perpetrators
or as forced witnesses to violence, or showing children as being subjected
to any form of child abuse;
b. Showing abuse or ridicule or physically and mentally handicapped
persons; and
c. Showing cruelty to, or abuse of animals, are not presented needlessly;
iv) Pointless or avoidable scenes of violence, cruelty and horror, scenes or
violence primarily intended to provide entertainment and such scenes as
may have the effect of desensitizing or dehumanizing people are not
shown;
v) Scenes which have the effect of justifying or glorifying drinking are not
shown;
vi) Scenes tendering to encourage, justify or glamorize drug addiction are
not shown; Scenes tendering to encourage, justify or glamorize
consumption of tobacco or smoking are not shown
vii) Human sensibilities are not offended by vulgarity, obscenity or
depravity;
viii) Such dual meaning words as obviously cater to baser instincts are
not allowed;
ix) Scenes degrading or denigrating women in any manner are not
presented;
x) Scenes involving sexual violence against women like attempt to rape,
rape or any form of molestation, or scenes of a similar nature are avoided,
and if any, such incident is germane to the theme, they shall be reduced to
the minimum and no details are shown;
xi) Scenes showing sexual perversions shall be avoided and if such
matters are germane to the theme, they shall be reduced to the minimum
and no details are shown;
xii) Visuals or words contemptuous of racial, religious or other groups are
not presented;
xiii) Visuals or words which promote communal, obscurantist, anti-
scientific and anti-national attitudes are not presented
xiv) The sovereignty and integrity of India is not called in question;
xv) The security of the State is not jeopardized or endangered;
xvi) Friendly relations with foreign States are not strained;
xvii) Public order is not endangered;
xviii)Visuals or words involving defamation of an individual or a body of
individuals, or contempt of court are not presented;
Explanation: Scenes that tend to create scorn, disgrace or disregard of
rules or undermine the dignity of court will come under the term
contempt of court, and
xix) National symbols and emblems are not shown except in accordance
with the provisions of the Emblems and Names (Prevention of Improper
Use) Act, 1950 (12 of 1950)
3. The Board of Film Certification shall also ensure that the film
i) Is judged in its entirety from the point of view of its overall impact; and
ii) Is examined in the light of the period depicted in the films and the
contemporary standards of the country and the people to which the film
relates provided that the film does not deprave the morality of the
audience.
4. Films that meet the above mentioned criteria but are considered
unsuitable for exhibition to non-adults shall be certified for exhibition to
adult audiences only.
5. (i) While certifying films for unrestricted public exhibition, the Board
shall ensure that the film is suitable for family viewing, that is to say, the
film shall be such that all the members of the family including children
can view it together.
(ii) If the Board, having regard to the nature, content and theme of the
film is of the opinion that it is necessary to caution the parents / guardian
to consider as to whether any child below the age of twelve years maybe
allowed to see such a film, the film shall be certified for unrestricted
public exhibition with an endorsement to that effect.
(iii) If the Board having regard to the nature, content and theme of the
film, is of the opinion that the exhibition of the film should be restricted to
members of any profession or any class of persons, the film shall be
certified for public exhibition restricted to the specialized audiences to be
specified by the Board in this behalf.
6. The Board shall scrutinize the titles of the films carefully and ensure
that they are not provocative, vulgar, offensive or violative of any of the
above-mentioned guidelines.
7. The process of certification
7.1 The Cinematograph (Certification) rules, 1983 have laid down the
procedure that a producer must go through to get his film or vide film
certified, explicitly stating the steps he has to undergo and also the fees he
has to pay and other materials he should submit.
7.2 The film or video film and other material specified in rule 2.1 have to
be submitted to the regional officer of the concerned regional centre. On
receipt of all the film materials, requisite fees and written matter required
under the rules, the regional officer will form an Examining Committee to
view the film. Under rule 22, this Examining Committee, in the case of a
short film, will consist of an officer of the CBFC and one advisory panel
member either of whom shall be a woman, and in the case of a long film /
feature film, four of the two persons shall be women. After the film has
been previewed, the CBFC has to ensure that each member gives a report
in writing about his recommendations about the deletions and / or
modifications and the certificate the film should be given. The report is
then given to the Chairperson who will ask the regional officer to initiate
further procedures.
7.3 However, if the Chairperson, on his own motion or on the request of
the applicant, so feels, she may refer the film to Revising Committee under
Rule 24. The Revising Committee will consist of Chairperson, in his
absence, a board member and not more than nine members, drawn either
from the CBFC or the advisory panel, provided none of them was on the
Examining Committee formed earlier. The Revising Committee will view
the same film print shown to the Examining Committee without any
changes, and each member will be required to record his verdict before
leaving the theatre. If the Chairperson is no in agreement with the
majority view, she may direct another Revising Committee to see the film.
The quorum of the Revising Committee shall be five members of whom at
least two persons shall be women: Provided that the number of women
members shall not be less than one-half of the total members of a
committee constituted under sub-rule (2).
7.4 After the applicant in apprised of the decision of the Board, he will
delete any portions (if so directed) and submit them to the regional
officer, along with one copy of the film as certified.
7.5 Before any order prejudicially affecting the applicant of a film is
passed by the Board, he is given an opportunity to represent his views in
the matter before the EC/RC.
7.6 If the matter goes in appeal under section 5C of the 1952 Act to the
Film Certification Appellate Tribunal which is headed by a retired judge
as Chairperson and not more than four other members, the FCAT may
hear both the applicant and he CBFC before coming to its judgment.
8. Violations
8.1 As stated before the Central Board of Film Certification is responsible
for certifying films for public exhibition. However, enforcement of the
penal provisions of the Cinematograph Act, 1952 is the State
Governments/ Union Territory Administrations, since exhibition of films
is a State subject.
8.2 There are various forms of violations which often go unchecked
because there are no checks and no complaints from either the law
enforcement agencies or members of the public.
8.3 The following are the major violations that agitate the minds of the
public:
a) exhibition of an A certificate film to a non-adult.
b) exhibition of an S certificate film to persons other than those for
whom it is meant
c) exhibition of a film in a form other than the one in which it was
certified. Such violations are known as interpolations. Interpolations can
be described as follows:
i) re-insertion in prints of a film for exhibition those portions which were
deleted by the Board before certification of the film;
ii) insertion in prints of a film portions which were never shown to the
Board for certification;
iii) exhibition of bits unconnected with the certified film.
d) exhibition of a film which was refused a certificate (or banned in
common parlance)
e) exhibition of uncensored films with forged certificates of other films.
f) exhibition of films without censor certificates
9. Film Posters
9.1 Another violation that has often come to light is that the theatres often
display obscene and indecent film posters. The 1952 Act does not cover
posters or film advertisements and these come under the common law of
the land relating to obscenity, particularly section 292 of the Indian Penal
code. Furthermore, this issue comes within the purview of the State
Governments and Union Territory Administrations, particularly their law
enforcing agencies including Police. ( However, Rule 38 of the
Cinematograph (Certification) Rules, 1983 mandates the producers to
show the category of certificate in every publicity material.)
9.2 There are Central / State legislations that cover this aspect. The
Indecent Representation of Women (Prohibition) Act, 1986 is
administered by the Department of Women and Child Development in the
Ministry of Human Resource Development, but the responsibility of
enforcement is, again, with the local authorities. The West Bengal
Government have enacted the West Bengal (Compulsory Certification of
Film Publicity Materials) Act, 1974 to deal with obscene and indecent
posters.
9.3 After discussions with the film industry representatives, it was
decided that the film industry would deal with this matter on its own.
Thus, the Film Publicity Screening Committee was formed with
headquarters at Bombay and regional chapters at Bangalore , Hyderabad ,
Madras and Thiruvananthapuram. The committee, which began its work
in April 1990, screens film posters and other publicity material for
obscenity and depiction of women in a derogatory manner or highlighting
violence.
10. What the Government is doing to Ensure Cleaner Films?
10.1 India today has more than 13,000 cinema halls spread over the
length and breadth of her territory. Furthermore, there are lakhs of video
libraries and video parlours in the country. Obviously, it is a very difficult
task for the official machinery to check any violations of the film
certification provisions. The citizen will have to step in more actively if he
has to ensure that he gets wholesome and clean entertainment that does
not violate his norms of decency.
10.2 On its own, the Government has form time to time been alerting the
State Governments and Union Territory Administration about the
problem and urging them to take action. They have been asked to give
greater priority to incidents of interpolations and exhibition of uncertified
films.
10.3 The law has laid down clear rules for dealing with this problem and
has also strengthened the penal provisions.
10.4 Under section 5E of the 1952 Act, the Central Government can
suspend a certificate granted to any film for a fixed period or even revoke
it if the film is being shown in a form other than the one in which it was
certified. The applicant of the certificate will have a right to appeal /
review of the order under section 5F .
11. Penalties for Violations
11.1 Offences with regard to violations of certification provisions are
cognizable. Furthermore, they are non-bailable.
11.2 Section 7 of the1952 Act provides that if there is violation of
certification provisions or if there are interpolations or tampering of
certified films or if non-certified films are exhibited, or where films meant
for adult audience are shown to non-adults or where an S certificate
film is shown to persons other than those for whom it is meant, then
penalties specified therein can be imposed. Penalty can also be imposed
for failure to comply with section 6A which required that any person
delivering a film to an exhibitor or a distributor will also give to him
details of all cuts, certification, title, length and conditions of certification.
11.3 Under section 7, a person guilty of violation is punishable with
imprisonment for a term which may extend to three years, or with fine
which may extend to Rs. 1 lakh or with both, and with a further fine upto
Rs. 20,000/- for each day for a continuing offence.
11.4 Showing of video films which violate the rules in the manner
prescribed in this section will attract imprisonment of not less than three
months but which may extend to three years and a fine of not less than Rs.
20,000/- but which may extend to Rs. 1 lakh and a further upto Rs.
20,000/- for each day for a continuing offence.
11.5 Furthermore, the trial court can direct that the offending film be
forfeited to the Government. Under section 7A, any police officer can
enter a hall where an offending film is being screened, search the
premises and seized the print.
12. Your role in vigilance?
12.1 Quite clearly, the role of the police is an important part of checking
violations, but being pre-occupied with so many other problems, it cannot
play its role fully without the co-operation of the general public. This is
where every viewer with societal committment, concerned with the kind
of entertainment he/she is getting, can act.
12.2 Under rule 30(3) of the Cinematograph (Certification) Rules, 1983
every cinema has to display prominently the certificate issued to the film
being shown as also the cuts or changes directed by the CBFC.
12.3 Therefore, whenever any person seeing a film finds any scene which
he feels should not have been permitted or which he suspects has been
interpolated, he can compare that scene he/she has seen with the
certificate and details of deletions displayed by the cinema owner.
12.4 If he/she finds that the film is violating any of the certification
conditions, he will have to bring it to the attention of the police, which can
register a First Information Report under Section 7 of the 1952 Act.
12.5 After filing such a report, the police officer can immediately start
investigating it and under the powers vested in him under section 7A, if
he is prima facie satisfied that there has been violation, he can seize the
print and take it to the CBFC for verification.
12.6 Since a copy of every film as certified and also all the deleted
portions have to be deposited with the CBFC at the time of certification,
the regional officer of the CBFC in the time of certification, the regional
officer of the CBFC in the presence of a Special Executive Magistrate will
examine the seized print with the copy lying with CBFC. The Magistrate
will then make his report, on the basis of which prosecution under section
7 can be launched after completion of formalities.
13. Your check-list for action
13.1 Please check the publicity posters of films and find out whether the
type of certificate (U, UA, A, S) issued by the Central Board of Film
Certification has been indicated on it.
13.2 Please check whether a list of cuts or changes ordered by the CBFC in
the film have been displayed in the theatre at a prominent place.
13.3 Please check whether the certificate is used by the CBFC is shown in
the beginning of the film.
13.4 Please check whether children below 18 years of age are allowed
inside the theatre to witness a film which has been granted an A
certificate.
13.5 Please check whether any visuals or dialogues deleted by the CBFC
as per cut list displayed in the theatre are appearing in the film.
13.6 Please check whether the film contains any scene which according to
you, is obscene or vulgar or packed up with gruesome violence. It is likely
that such scenes might not have been allowed by the CBFC but
interpolated in the film after its certification.
13.7 If you find any type of violations as detailed above, you may inform
the CBFC and / or the District Collector or take up the matter with any of
the authorities through any social organization or press, in case you are
reluctant to report the matter to the nearby police station.
14. Conclusion
So the next time you are offended by anything projected on the large
screen, do not walk out but kindly act, since your action may safeguard
the morals of your fellow citizens and protect the children of this country.

The principles for guidance in certifying films

The Cinematograph Act lays down that a film shall not be certified if any
part of it is against the interest of the sovereignty and integrity of India,
the security of the State, friendly relations with foreign States, public
order, decency or involves defamation or contempt of court or is likely to
incite commission of any offence.
Under section 5B(2) the Central Government has issued the following
guidelines.

A film is judged in its entirety from the point of view of its overall impact
and is examined in the light of the period depicted in the film and the
contemporary standards of the country and the people to whom the film
relates, provided that the film does not deprave the morality of the
audience. Guidelines are applied to the titles of the films also.
1. Objectives of Film Certification
i) the medium of film remains responsible and sensitive to the values and
standards of society;
ii) artistic expression and creative freedom are not unduly curbed;
iii) certification is responsible to social changes;
iv) the medium of film provides clean and healthy entertainment; and
v) as far as possible, the film is of aesthetic value and cinematically of a
good standard.
2. In pursuance of the above objectives, the CBFC shall ensure that
i) anti social activities such as violence are not glorified or justified
ii) the modus operandi of criminals, other visuals or words likely to incite
the commission of any offence are not depicted;
iii) scenes -
a. showing involvement of children in violence as victims or perpetrators
or as forced witnesses to violence, or showing children as being subjected
to any form of child abuse.
b. showing abuse or ridicule of physically and mentally handicapped
persons; and
c. showing cruelty to, or abuse of animals, are not presented needlessly
iv) pointless or avoidable scenes of violence, cruelty and horror, scenes of
violence primarily intended to provide entertainment and such scenes as
may have the effect of de-sensitising or de-humanising people are not
shown;
v) scenes which have the effect of justifying or glorifying drinking are not
shown;
vi) scenes tending to encourage, justify or glamorise drug addiction are
not shown;
a. scenes tending to encourage, justify or glamorise consumption of
tobacco or smoking are not shown;
vii) human sensibilities are not offended by vulgarity, obscenity or
depravity;
viii) such dual meaning words as obviously cater to baser instincts are not
allowed;
ix) scenes degrading or denigrating women in any manner are not
presented;
x) scenes involving sexual violence against women like attempt to rape,
rape or any form of molestation or scenes of a similar nature are avoided,
and if any such incidence is germane to the theme, they shall be reduced
to the minimum and no details are shown
xi) scenes showing sexual perversions shall be avoided and if such
matters are germane to the theme they shall be reduced to the minimum
and no details are shown
xii) visuals or words contemptuous of racial, religious or other groups are
not presented
xiii) visuals or words which promote communal, obscurantist, anti-
scientific and anti-national attitude are not presented
xiv) the sovereignty and integrity of India is not called in question;
xv) the security of the State is not jeopardized or endangered
xvi) friendly relations with foreign States are not strained;
xvii) public order is not endangered
xviii) visuals or words involving defamation of an individual or a body of
individuals, or contempt of court are not presented
EXPLANATION: Scenes that tend to create scorn, disgrace or disregard of
rules or undermine the dignity of court will come under the term
''Contempt of Court'' : and
xix) national symbols and emblems are not shown except in accordance
with the provisions of the Emblems and Names (Prevention of Improper
Use) Act, 1950 (12 of 1950)
3. The Board of Film Certification shall also ensure that the film
i) Is judged in its entirety from the point of view of its overall impact; and
ii) Is examined in the light of the period depicted in the films and the
contemporary standards of the country and the people to which the film
relates provided that the film does not deprave the morality of the
audience.

4. Films that meet the above mentioned criteria but are considered
unsuitable for exhibition to non-adults shall be certified for exhibition to
adult audiences only.

5.
i) While certifying films for unrestricted public exhibition, the Board shall
ensure that the film is suitable for family viewing, that is to say, the film
shall be such that all the members of the family including children can
view it together.
ii) If the Board, having regard to the nature, content and theme of the film
is of the opinion that it is necessary to caution the parents / guardian to
consider as to whether any child below the age of twelve years maybe
allowed to see such a film, the film shall be certified for unrestricted
public exhibition with an endorsement to that effect.
iii) If the Board having regard to the nature, content and theme of the film,
is of the opinion that the exhibition of the film should be restricted to
members of any profession or any class of persons, the film shall be
certified for public exhibition restricted to the specialized audiences to be
specified by the Board in this behalf.
6. The Board shall scrutinize the titles of the films carefully and ensure
that they are not provocative, vulgar, offensive or violative of any of the
above-mentioned guidelines.


The Central Board of Film Certification is responsible for certifying films.
The enforcement of compliance to the provisions of the Cinematograph
Act, 1952 is entrusted to the State Governments /Union Territory
Administrations, since exhibition of films is a State subject.
The violation of the provisions of the Act and Rule may take place in
various forms
Violations of Cinematograph act and penalties.
The following are the major violations that agitate the minds of the public:
(a) exhibition of an ''''A'''' certified film to a non-adult
(b) exhibition of an ''''S'''' certified film to persons other than
those for whom it is meant;
(c) exhibition of a film in a form other than the one in which it
was certified. Such violations are known as interpolations.
Interpolations can be described as follows
(i) re-insertion in the prints of a film, those portions
which were deleted by the Board while certifying
the film
(ii) insertion in prints of a film, portions which were
never shown to the Board for certification;
(iii) exhibition of ''''bits'''' unconnected with the
certified film.

(d) exhibition of a film which was refused a certificate (or
''''banned'''' in common parlance)
(e) exhibition of uncertified films with forged certificates of
other films.
(f) exhibition of films without CBFC certificate.
Violations of Cinematograph act and penalties.
1. Offences with regard to violations of certification provisions are
cognizable. Furthermore, they are non-bailable
2. Section 7 of the Cinematograph Act provides penalties for violation of
censorship provisions. Penalty can also be imposed for failure to comply
with section 6A which requires that any person delivering a film to an
exhibitor or a distributor will also give to him details of all cuts,
certification, title, length and conditions of certification
3. A person guilty of violation while exhibiting celluloid films is punishable
with imprisonment for a term which may extend to Three years, or with
fine which may extend to Rs.1/-lakh, or with both, and with a further fine
up to Rs.20,000 for each day for a continuing offence. Similarly, Showing of
video films which violate the rules in the manner prescribed in this section
will attract imprisonment of not less than three months but which may
extend to three years and a fine of not less than Rs.20,000 but which may
extend to Rs.1/-lakh and a further fine up to Rs.20,000 for each day for a
continuing offence.
4. Furthermore, the trial court can direct that the offending film be
forfeited to the Government. Under Section 7A, any police officer can enter
a hall where an offending film is being screened, search the premises and
seize the print. Films can also be seized when they are likely to be
exhibited in violation of Cinematograph Act.
1. What are the ratings prescribed by CBFC?
The ratings are U, UA , A and S.
2. Do Video and CD versions of a film need certification?
Yes, certification is required.
3. What is the difference between a long and a short film?
Celluloid version: any film of length more than 2000 metres ( 35 mm ) is long
Video version: any film of more than 70 minutes is long.
Films which are less than above length / duration are short.
4. In which Regional Office, application for certification of films should be submitted?
The application for certification of a film produced in a particular region should be submitted to that concerned
regional office only. The following two norms will define the place of production of films:
(i) The location of the producers association council/Chamber etc. with whom the film-title was registered
before starting production of film concerned. In case of registration of the title with more than one
association/council only the earliest registration to be considered; and
(ii) The location of the Head Office/regional office/production office of the film processing company.
5. What is the jurisdiction of various Regional Offices?
Sl.No. Regional Office Films imported into or produced in
1. Bangalore State of Karnataka
2. Mumbai States of Goa, Gujarat, Madhya Pradesh and Maharashtra and the
Union Territories of Dadra and Nagar Haveli and Daman Diu
3. Kolkatta West Bengal, Bihar, Jharkhand and the Union Territory of Andaman
and Nicobar Islands
4. Cuttack State of Orissa
5. Delhi States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab,
Rajasthan and Uttar Pradesh and the Union Territories of
Chandigarh and Delhi
6. Hyderabad State of Andhra Pradesh
7. Chennai State of Tamil Nadu and the Union Territory of Pondicherry
8. Thiruvananthapuram State of Kerala and the Union Territory of Lakshadweep
9. Guwahati States of Arunachal Pradesh , Assam , Manipur, Meghalaya,
Mizoram, Nagaland , Sikkim , Tripura
6. What are the documents to be submitted at the time of submitting an application for certification of
a film at the CBFC?
Indian Feature Films:
1. Application form in duplicate.
2. 8 copies of full synopsis of the film in English.
3. 8 copies of songs if any with their reel numbers( 8 copies of song lines, in case of trailer).
4. 8 copies of full credit titles of the film.
5. Reel wise length of the film in duplicate, duly supported by Lab letter.
6. A shooting script.
7. Fees should be paid through two Demand drafts. Certification fee draft in favour of the designated Accounts
Officer in the region and CESS fee draft in favour of Chairperson, Central Board of film Certification, Mumbai.
In case the film will be screened in CBFC, screening fee to be paid in the name of designated Pay and
Accounts Officer.
8. Lab letter declaring that the film is ready.
9. In case of revised version full details of addition/deletion/shifting of sequences should be given.
10. Title registration letter from the concerned chamber/association/ council in Which the title was registered.
11. Publicity Clearance Certificate wherever applicable.
Indian Short Films :
1. Application form in duplicate
2. 5 copies of synopsis of the film (English )
3. 1 copy of the script / commentary.
4. Fees by Demand Draft drawn in favour of the designated Accounts officer in the region
5. A declaration on the letter head (in the case of language version ) to the effect that the language version is
identical to the master version and the commentary is same.
6. Lab letter declaring that the film is ready and also certifying the reel-wise length of the film.
Imported Short films:
1. Application Form in duplicate.
2. Fee for the certification as per the rules. Demand Draft should be drawn in favour of the designated Pay and
Accounts Officer in the region drawn on any bank.
3. Letter of authority or a copy of an agreement from the original producer/copyright holder/Importer etc.
4. A certified copy of the Customs Call Memo intimating the arrival of the film/video in the name of the
Importer/applicants from Customs.
5. A certified copy of the Bill of Entry.
6. A certified copy of the purchase order, invoice etc. relating to the purchase of the film/video.
7. 5 copies of synopsis in English for each film/video duly signed by the Importer/Applicant in all the pages.
8. One copy of Script/Commentary duly signed by the Importer/ Applicant in all the pages.
9. CBFC will accept application for certification of Imported films/videos only on production of Bill of Entry through
OGL.
7. What is the Fee Structure for certification of films?
Table of Certification Fees:
Celluloid films
Length Gauge Certification Fee (other
than educational)
Certification fee
(educational films)
Screening Fee
300 16 mm
35 mm
70 mm celluloid
1000 200 100
600 2000 400 200
900 3000 600 300
1200 4000 800 400
1500 5000 1000 500
1800 6000 1200 600
2100 7000 1400 700
2400 8000 1600 800
2700 9000 1800 900
3000 10000 2000 1000
3300 11000 2200 1000
3600 12000 2400 1000
3900 13000 2600 1000
4200 14000 2800 1000
4500 15000 3000 1000
4800 16000 3200 1000
5100 17000 3400 1000
5400 18000 3600 1000
5700 19000 3800 1000
6000 20000 4000 1000
Video Films
Time
(min)
Gauge Certification Fee (other
than educational)
Certification fee
(educational) film
Screening Fee
10 video 950 280 70
20 1850 560 140
30 3000 600 210
40 3700 740 280
50 4600 920 350
60 5500 1100 420
70 6400 1280 490
80 7400 1480 540
90 8900 1660 630
100 9200 1840 700
110 10100 2020 770
120 11000 2200 840
130 12000 2400 910
140 12000 2560 980
150 13700 2740 1050
160 14700 2940 1120
170 15600 3120 1190
180 16500 3300 1260
190 17500 3500 1330
200 18300 3600 1400
Cess Fee collected for feature film is as follows:
Language Amount of fee
Hindi / English Rs.20,000/-
All other languages Rs.10,000/-
8. Who are the Designated Accounts Officer?
Regional Office Designated Accounts Officer
Chennai,
Hyderabad ,
Thiruvananthapuram and
Bangalore
Pay and Accounts Officer
Doordarshan Kendra
Chennai 5.
Kolkatta,
Cuttack
Pay & Accounts Officer
Doordarshan Kendra
Kolkatta
Mumbai Pay & Accounts Officer
Films Division
Peddar Road
Mumbai
Guwahati Pay and Accounts Officer
Doordarshan Kendra
Guwahati
9. What are the materials and documents to be submitted at the time of effecting cuts?
1. Picture Positive/Negative.
2. Sound Positive/Negative.
3. Declaration stating that the cuts have been effected.
4. Acceptance of UA or A Certificate in case the Film is granted UA or A Certificate
5. Video copy of certified version of the film.
6. Letter of authority for sealing of video cassettes.
10. What is the time limit prescribed in Certification?
The Cinematograph (Certification) Rules, 1983 describes the time limits applicable for certification under
various circumstances. Time limit varies depending upon the type of story and the implications of the film on
various important matters relating to the State such as Defence or foreign relations and whether the film deals
with any specialized subjects viz. historical, biography or medicine etc. For a normal film, a rough guide to the
time limits will be as follows:
a. Scrutiny of application - 7 days
b. Formation of Examination Committee - 15 days
c. Forwarding the report of EC to Chairman - 10 days
d. Communication of the order of the Board to the applicant
e. Surrender of cuts by the producer - 14 days
f. Examination of cuts - 10 days
g. Issue of Certificate - 5 days
11. Can any addition/deletion be made after certification?
Minor additions and deletions can be done in a film after certification. The following documents are to the
submitted to the regional office in which the original certificate was issued:
i) Application (in duplicate) under Rule 33
ii) Lab letter authenticating the length of alterations
iii) Reel-wise List of deletions/additions/modifications effected in the film
iv) Video cassette containing the additions/modifications
v) Demand Draft drawn in favour of Designated Accounts Officer
The fee will be Rs.100/- per every reel irrespective of the number of additions, excisions ort deletions. It the
reel containing addition exceeds 300 mtrs in length, it will be considered as another reel for the purpose of fee
12. What is the procedure for certifying dubbed films?
A dubbed film is certified in the same region where the original film was certified. For instance, after a
Malayalam film is certified in Thiruvananthapuram region, all further dubbed versions in other languages -
Tamil, Telugu, Hindi etc. are examined and certified by Thiruvananthapuram region only unless written waiver
is given by Chairperson u/r 21.
13. Where the imported feature film can be certified?
At any centre where import is done.
14. What is the procedure for change of title after certification?
After certification, normally a title cannot be changed unless the Regional Officer is satisfied that there is very
genuine reason for change of title. Even here, titles cannot be changed for a film which has already been
released in a theatre. Application should be made under Rule 33 along with a DD for Rs.100/- drawn in favour
of Designated Accounts Officer. An affidavit should also be given on a stamped paper that the films has not
been commercially exhibited. Title Registration should be obtained from the concerned body.
15. Is there CBFC certification for TV?
There is no CBFC certification for T.V programs and serials. However, under Cable Television Network
(Regulation) Act, 1995 content code / Advertisement code have been prescribed for programme and
advertisements appearing in cable TV Network. The offences under Cable Television Network Regulation Act
being non-cognizable, a specific complaint has to be made by an Officer authorised by the State
Governments.
16. Will it be illegal to screen uncertified films on the Cable TV?
Yes. Only certified films should be shown on the Cable TV.
17. What is the procedure for converting A or UA films into U after certification?

No film can be re-certified in the same format. However celluloid films can be recertified in video format after
revision. An Applicant or a person to whom the right has passed on can revise and apply for recategorization
in video format along with prescribed fee. The Board will examine the film like fresh film.
The following documents are to be submitted for reclassification of films in to U:
1. Application form in duplicate.
2. Script with list of voluntary deletions duly marked.
3. List of voluntary deletions with length or running time(5 copies).
4. Copy of Censor Certificate issued to original version.
5. Copy of telecast rights.
6. Certification fee by way of Demand Draft (in favour of designated Accounts Officer in the region).
7. DVD(after carrying out the deletions voluntarily made). The DVD should contain time-slot throughout as per
running time of the film or reel change should be visible in the DVD. The voluntary cuts should be shown
separately in the beginning of the DVD.
Fee: As in fresh film.
No Welfare cess fee.
18. Is there any limitation for converting A film or UA film into U?
Yes. Many films are originally classified as A or UA because the theme is adult oriented. Such films cannot
be reclassified as U even for the purpose of telecasting in TV.
19. Who can take action against cinema halls showing pornographic bits?
Exhibition of uncertified films is an offence under Cinematograph Act. It is a cognizable and non-bailable
offence. It is not necessary to wait for the local police to initiate action. Being a cognizable offence, any
responsible citizen or organization can file a complaint with the police. The police are bound to initiate action
on the complaint. In case of refusal to file FIR at the level of the police station, as per law, a written complaint
to the Superintendent of Police of the District will be sufficient to get the FIR registered. The Collector of the
District or the Police Commissioner are normally the licensing authority for the cinema halls. Many States in
India have the rule that the licenses for cinema halls can be suspended or even revoked in case of violation of
Cinematograph Act by cinema halls.
20. Is there any certification for audio cassettes of a particular film?
Frequently, audio CDs are released much before the theatrical release of the film for the purpose of promotion.
At present, there is no law prescribed to certify such audio CDs.
21. What is the fee structure in Film Certification Appellate Tribunal (FCAT)?
1. Long film: Rs.750 irrespective of length and gauge of film;
2. Short film: Rs.100 irrespective of length and gauge of film
22. Can the panel and Board members inspect theatres?
According to Section 7E of the Act, all members of the Tribunal, the Board and of any advisory panel, shall be
considered public servants. According to rule 37, Chairman or any member of the Board or member of the
advisory panel or Regional officer or any other Officer or members of the staff of the Board, may enter any
placed licensed under the law in force relating to cinemas, in discharge of his duties under the Act and the
owner or the manager of such place must provide him with a seat of the highest rate or the next lower class to
view the film without charging the admission fee and entertainment tax.
23. Should the advertisements carry the category of the Certificate?
After a film has been certified as UA A or S, it is mandatory under Rule 38 that the category of Certificate is
mentioned on the face of advertisements such as newspapers, hoarding, poster, trailers etc. Non mentioning
of the category of certificate on the face of advertisements is an offence under the Cinematograph Act.
24. Who is responsible for interpolations?
Any person who exhibits or permits to exibit interpolated film is responsible. It has to be observed whether the
characters involved in the main film are also involved in the interpolated bits. If it is so, then one can infer that
the producer and the distributor may also be responsible for interpolation. According to Section 7(b) of the Act,
if any person , without lawful authority, alters or tampers with in any film, after it has been certified, will be
committing a crime under Cinematograph Act. It is to be noted that the burden of proving the lawfulness of the
act shall lie on the person who altered or tampered with the certified film.
25. What if the producer does not pass on cut list to distributors?
It is an offence under Section 6A of the Cinematograph Act
26. What if the distributors do not pass on the cut list to the theatres?
It is an offence under Section 6A of the Cinematograph Act.