[3. Board of film Certification.—(1) For the purpose of sanctioning films for public exhibition, the
Central Government may, by notification in the Official Gazette, constitute a Board to be called the
7
[Board of Film Certification] which shall consist of a Chairman and 8
[not less than twelve and not more
than twenty-five] other members appointed by the Central Government.
(2) The Chairman of the Board shall receive such salary and allowances as may be determined by the
Central Government, and the other members shall receive such allowances or fees for attending the
meetings of the Board as may be prescribed.
(3) The other terms and conditions of service of the members of the Board shall be such as may be
prescribed.]
9
[4. Examination of films.—(1) Any person desiring to exhibit any film shall make an application to
the Board for a certificate in such form and manner as may be prescribed.
(2) The Board may, after examining the film in such manner as may be prescribed,—
(i) sanction the film for unrestricted public exhibition:
1. Ins. by Act 3 of 1959, s. 3.
2. Ins. by Act 12 of 2023, s. 4 (w.e.f. 11-8-2023).
3. Ins. by Act 49 of 1981, s. 2 (w.e.f. 1-6-1983).
4. Clause (h) omitted by Act 33 of 2021, s. 9 (w.e.f.4-4-2021).
5. Ins. by Act 12 of 2023, s. 4 (w.e.f. 11-8-2023).
6. Subs. by Act 3 of 1959, s. 4, for sections 3 to 6.
7. Subs. by Act 49 of 1981, s. 3, for “Board of Film Censors” (w.e.f. 1-6-1983).
8. Subs. by s. 3, ibid., for “not more than nine” (w.e.f. 1-6-1983).
9. Subs. by Act 12 of 2023, s. 5, for section 4 (w.e.f. 11-8-2023).
5
Provided that, having regard to any material in the film, if the Board is of the opinion that
viewing of such film by any child between seven to eighteen years of age is subject to guidance of
parents or lawful guardian, then the Board may sanction the film for unrestricted public exhibition
with an endorsement to that effect containing UA marker.
Explanation.—For the removal of doubts, it is hereby clarified that—
(a) the expression “seven” denotes completion of seven years of age and the expression
“eighteen” denotes before attaining the age of eighteen years;
(b) an endorsement by the Board shall enable the parents and lawful guardian of the child to consider
whether such child should view such a film, and shall not be enforced by any person other than the parents
or lawful guardian of the child;
(ii) sanction the film for public exhibition restricted to adults;
(iii) sanction the film for public exhibition restricted to members of any profession or any class of persons
having regard to the nature, content and theme of the film;
(iv) direct the applicant to carry out such excisions or modifications in the film as it may deem necessary
before sanctioning the film for public exhibition under clauses (i), (ii) and (iii); or
(v) refuse to sanction the film for public exhibition:
Provided that no action under this section shall be taken by the Board, unless the applicant has been given
an opportunity of being heard in the matter.
(3) Any person desiring to exhibit on television or such other media as may be prescribed, any film which has
been sanctioned by the Board under clause (ii) or clause (iii) of sub-section (2), may make an application to the
Board in such form and manner as may be prescribed, and the Board may, for this purpose, sanction the film with a
separate certificate, after directing the applicant to carry out such excisions or modifications in the film as it may
think fit.]
5. Advisory panels.—(1) For the purpose of enabling the Board to efficiently discharge its functions
under this Act, the Central Government may establish at such regional centers as it thinks fit, advisory
panels each of which shall consist of such number of persons, being persons qualified in the opinion of
the Central Government to judge the effect of films on the public, as the Central Government may think
fit to appoint thereto.
(2) At each regional center there shall be as many regional officers as the Central Government may
think fit to appoint, and rules made in this behalf may provide for the association of regional officers in
the examination of films.
(3) The Board may consult in such manner as may be prescribed, any advisory panel in respect of any
film for which an application for a certificate has been made.
(4) It shall be the duty of every such advisory panel whether acting as a body or in committees as may
be provided in the rules made in this behalf to examine the film and to make such recommendations to the
Board as it thinks fit.
(5) The members of the advisory panel shall not be entitled to any salary but shall receive such fees or
allowances as may be prescribed.
5A. Certification of films.—1
[(1) If, after examining a film or having it examined in the prescribed
manner, the Board considers that—
1. Subs. by Act 49 of 1981, s. 5, for sub-section (1) (w.e.f. 1-6-1983).
6
(a) the film is suitable for unrestricted public exhibition, or, as the case may be, for unrestricted
public exhibition with an endorsement of the nature mentioned in the proviso to clause (i) of
sub-section (1) of section 4, it shall grant to the person applying for a certificate in respect of the film
a “U” certificate or, as the case may be, a 1
[‘‘UA’’ Certificate with any UA marker]; or
(b) the film is not suitable for unrestricted public exhibition, but is suitable for public exhibition
restricted to adults or, as the case may be, is suitable for public exhibition restricted to members of
any profession or any class of persons, it shall grant to the person applying for a certificate in respect
of the film an “A” certificate or, as the case may be, a “S” certificate,
and cause the film to be so marked in the prescribed manner:
Provided that the applicant for the certificate, any distributor or exhibitor or any other person to
whom the rights in the film have passed shall not be liable for punishment under any law relating to
obscenity in respect of any matter contained in the film for which certificate has been granted under
clause (a) or clause (b).]
(2) A certificate granted or an order refusing to grant a certificate in respect of any film shall be
published in the Gazette of India.
(3) Subject to the other provisions contained in this Act, a certificate granted by the Board under this
section shall be valid throughout India 2***.
5B. Principles of guidance in certifying films.—(1) 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 3
[the sovereignty and integrity of India] the security of the State, 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.
(2) Subject to the provisions contained in sub-section (1), the Central 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.
4
[5C. Appeals.—(1) Any person applying for a certificate in respect of a film who is aggrieved by
any order of the Board—
(a) refusing to grant a certificate; or
(b) granting only an “A” certificate; or
(c) granting only a “S” certificate; or
(d) granting only a 1
[‘‘UA’’ Certificate with any UA marker]; or
(e) directing the applicant to carry out any excisions or modifications,
may, within thirty days from the date of such order, prefer an appeal to the 5
[High Court]:
Provided that the 5
[High Court] may, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal within the aforesaid period of thirty days, allow such appeal to be admitted
within a further period of thirty days.
1. Subs. by Act 12 of 2023, s. 2, for ‘ “UA” certificate’ (w.e.f. 11-8-2023).
2. The words “for a period of ten years” omitted by Act 12 of 2023, s. 6 (w.e.f. 11-8-2023).
3. Ins. by Act 49 of 1981, s. 6 (w.e.f. 1-6-1983).
4. Subs. by s. 7, ibid., for section 5C (w.e.f. 1-6-1983).
5. Subs. by Act 33 of 2021, s. 9, for “Tribunal” (w.e.f. 4-4-2021).
7
1* * * * *
5D. [Constitution of Appellate Tribunal].—Omitted by the Tribunal Reforms Act, 2021 (33 of 2021),
s. 9 (w.e.f. 4-4-2021).
5DD. [Qualifications, terms and conditions of service of Chairman and Member].—Omitted by
s. 9, ibid., (w.e.f. 4-4-2021).
5E. Suspension and revocation of certificate.—(1) Notwithstanding anything contained in
sub-section (2) of section 6, the Central Government may, by notification in the Official Gazette, suspend
a certificate granted under this Part, for such period as it thinks fit or may revoke such certificate if it is
satisfied that—
(i) the film in respect of which the certificate was granted, was being exhibited in a form other
than the one in which it was certified; or
(ii) the film or any part thereof is being exhibited in contravention of the provisions of this Part or
the rules made thereunder.
(2) Where a notification under sub-section (1) has been published, the Central Government may
require the applicant for certificate or any other person to whom the rights in the film have passed, or
both, to deliver up the certificate and all duplicate certificates, if any, granted in respect of the film to the
Board or to any person or authority specified in the said notification.
(3) No action under this section shall be taken except after giving an opportunity to the person
concerned for representing his views in the matter.
(4) During the period in which a certificate remains suspended under this section, the film shall be
deemed to be an uncertified film.
5F. Review of orders by Central Government.—(1) Where an applicant for a certificate or any
other person to whom the rights in the film have passed, is aggrieved by any order of the Central
Government under section 5E, he may, within sixty days of the date of publication of the notification in
the Official Gazette, make an application to the Central Government for review of the order, setting out in
such application the grounds on which he considers such review to be necessary:
Provided that the Central Government may, if it is satisfied that the applicant for a certificate or that
other person was prevented by sufficient cause from filing an application for review within the aforesaid
period of sixty days, allow such application to be filed within a further period of sixty days.
(2) On receipt of the application under sub-section (1), the Central Government may, after giving the
aggrieved person a reasonable opportunity of being heard, and after making such further inquiry, as it
may consider necessary, pass such order as it thinks fit, confirming, modifying or reversing its decision
and the Board shall dispose of the matter in conformity with such order.]
6. Revisional powers of the Central Government.—2***
(2)
3
[Subject to the provisions of this Act], the Central Government may, by notification in the
Official Gazette, direct that—
(a) a film which has been granted a certificate shall be deemed to be an uncertified film in the
whole or any part of India; or
1. Sub-section (2) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021).
2. Sub-section (1) omitted by Act 12 of 2023, s. 7 (w.e.f. 11-8-2023).
3. Subs. by s. 7, ibid., for “Without prejudice to the powers conferred on it under sub-section (1)” (w.e.f. 11-8-2023).
8
(b) a film which has been granted a “U” certificate 1
[or a 2
[‘‘UA’’ Certificate with any UA marker] or
a “S” certificate] shall be deemed to be a film in respect of which an “A” certificate has been granted;
or
(c) the exhibition of any film be suspended for such period as may be specified in the direction:
Provided that no direction issued under clause (c) shall remain in force for more than two months
from the date of the notification.
(3) No action shall be taken under clause (a) or clause (b) of sub-section (2) except after giving an
opportunity to the person concerned for representing his views in the matter.
(4) During the period in which a film remains suspended under clause (c) of sub-section (2), the film
shall be deemed to be an uncertified film.]
3
[6A. Information and documents to be given to distributors and exhibitors with respect to
certified films.—Any person who delivers any certified film to any distributor or exhibitor shall, in such
manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title, the length
of the film, the number and the nature of the certificate granted in respect thereof and the conditions, if
any, subject to which it has been so granted, and any other particulars respecting the film which may be
prescribed.]
4
[6AA. Prohibition of unauthorised recording.—No person shall use any audio-visual recording device in a
place licensed to exhibit films with the intention of making or transmitting or attempting to make or transmit or
abetting the making or transmission of an infringing copy of such film or a part thereof.
Explanation.—For the purposes of this section, the expression “audio-visual recording device” means a digital
or analogue photographic or video camera, or any other technology or device capable of enabling the recording or
transmission of a copyrighted cinematographic film or any part thereof, regardless of whether audio-visual recording
is the sole or primary purpose of the device.
6AB. Prohibition of unauthorised exhibition of films.— No person shall use or abet the use of an infringing
copy of any film to exhibit to the public for profit—
(a) at a place of exhibition which has not been licensed under this Act or the rules made thereunder; or
(b) in a manner that amounts to the infringement of copyright under the provisions of the Copyright Act, 1957
(14 of 1957) or any other law for the time being in force.]
6B. [Offences to be cognizable]—Omitted by the Cinematograph (Amendment) Act, 1984, s. 2
(w.e.f. 27-8-1984).
7. Penalties for contraventions of this Part.—5
[(1) If any person—
(a) without lawful authority (the burden of proving which shall be on such person) alters or tampers
in any way any film after it has been certified, he shall be punishable with imprisonment for a term which
may extend to three years or with fine which shall not be less than ten lakh rupees, or with both;
(b) exhibits or permits to be exhibited in any place, any
(i) which has not been certified by the Board;
(ii) which, when exhibited does not display the prescribed mark of the Board;
(iii) which, when exhibited displays a mark of the Board which has since been altered or
tampered with, after the mark has been affixed, he shall be punishable with imprisonment for a term
1. Subs. by Act 49 of 1981, s. 9, for “may at any stage” (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 2, for ‘ “UA” certificate’ (w.e.f. 11-8-2023).
3. Ins. by Act 19 of 1953, s. 3 (w.e.f. 1-6-1983).
4. Ins. by Act 12 of 2023, s. 8 (w.e.f. 11-8-2023).
5. Subs. by Act 18 of 2023, s. 2 and the Schedule, for sub-section (1) (w.e.f. 1-9-2023).
9
which may extend to three years or with fine which may extend to ten lakh rupees, or with both and in
the case of a continuing offence with a further fine which may extend to one lakh rupees for each day
during which the offence continues;
(c) exhibits or permits to be exhibited in any place, a video film in contravention of the provisions of
clause (a) or clause (b), he shall be punishable with imprisonment for a term which may extend to three
years or with fine which may extend to ten lakh rupees, or with both, and in the case of a continuing
offence with a further fine which may extend to one lakh rupees for each day during which the offence
continues;
(d) exhibits or permits to be exhibited any film, which has been certified by the Board as ‘‘A’’ within
the meaning of this Act to any minor, such person shall be liable to penalty not exceeding ten thousand
rupees per person for every such exhibition, levied by the authorised officer in such manner as may be
prescribed;
(e) exhibits or permits to be exhibited any film, which has been certified by the Board as ‘‘S’’ within
the meaning of this Act, to a person who is not a member of such profession or class, shall be liable to
penalty not exceeding ten thousand rupees per person for every such exhibition, levied by the authorised
officer in such manner as may be prescribed;
(f) fails to comply with the provisions contained in section 6A or with any order made by the Central
Government or by the Board in the exercise of any of the powers or functions conferred on it by this Act
or the rules made thereunder, he shall be liable to penalty not exceeding five lakh rupees, levied by the
authorised officer and in such manner as may be prescribed:
Provided that notwithstanding anything contained in section 29 of the Code of Criminal Procedure,
1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the
First Class specially empowered by the State Government in this behalf, to pass a sentence of fine
exceeding five thousand rupees on any person convicted of any offence punishable under this Part under
clauses (a) to (c):
Provided further that no distributor or exhibitor or owner or employee of a cinema house shall be
liable to punishment for contravention of any condition of endorsement of caution that has been certified
as "UA" under this Part.
1
[(1A) Save as otherwise provided in section 52 of the Copyright Act, 1957 (14 of 1957), if any
person contravenes the provisions of section 6AA or section 6AB, he shall be punishable with
imprisonment for a term which shall not be less than three months, but may extend to three years and with
a fine which shall not be less than three lakh rupees but may extend to five per cent. of the audited gross
production cost.
(1B) Notwithstanding anything contained in this section—
(i) a person aggrieved by a contravention under section 6AA or section 6AB shall not be
prevented from taking suitable action for an infringement under section 51 of the Copyright Act, 1957
(14 of 1957) or from taking suitable action for computer related offences under section 66 of the
Information Technology Act, 2000 (21 of 2000) or any other relevant laws for the time being in force;
(ii) the appropriate Government or its agencies shall not be prevented from taking suitable action
against an intermediary as defined under clause (w) of sub-section (1) of section 2 of the Information
Technology Act, 2000 (21 of 2000), where such intermediary acts in the manner as set out under
sub-section (3) of section 79 of the said Act or any other law for the time being in force.
1. Ins. by Act 12 of 2023, s. 9 (w.e.f. 11-8-2023).
10
Explanation.—For the purposes of this sub-section, the expression “appropriate Government”
shall have the same meaning as assigned to it in clause (e) of sub-section (1) of section 2 of the
Information Technology Act, 2000 (21 of 2000).]
(2) If any person is convicted of an offence punishable under this section committed by him in
respect of any film, the convicting court may further direct that the film shall be forfeited to the
Government.
(3) The exhibition of a film, in respect of which an “A” certificate 1
[or a “S” certificate or a
2
[‘‘UA’’ Certificate with any UA marker]] has been granted, to children below the age of three years
accompanying their parents or guardians shall not be deemed to be an offence within the meaning of this
section.
3
[(4) Whoever aggrieved by any imposed under clauses (d) to (f) of sub-section (1) or section 14, may
prefer an appeal to such appellate authority within such period and in such form and manner as may be
prescribed.]
4
[7A. Power of seizure.—(1) Where a film in respect of which no certificate has been granted under
this Act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to
any person who is not an adult or a film is exhibited in contravention of any of the other provisions
contained in this Act or of any order made by the Central Government 5
[, the 6
[High Court]] or the Board
in the exercise of any of the powers conferred on it, any police officer may, 7*** enter any place in which
he has reason to believe that the film has been or is being or is likely to be exhibited, search it and seize
the film.
(2) All searches under this Act shall be carried out in accordance with the provisions of the 8
[Code of
Criminal Procedure, 1973 (2 of 1974)], relating to searches.
7B. Delegation of powers by Board.—9
[(1)] The Central Government may, by general or special
order, direct that any power, authority or jurisdiction exercisable by the Board under this Act shall, 10[in
relation to the certification of the films under this Part] and subject to such condition, if any, as may be
specified in the order, be exercisable also by the Chairman or any other member of the Board, and
anything done or action taken by the Chairman or other member specified in the order shall be deemed to
be a thing done or action taken by the Board.
11[(2) The Central Government may, by order and subject to such conditions and restrictions as may
be prescribed, authorise the regional officers to issue provisional certificates.]
7C. Power to direct exhibition of films for examination.—For the purpose of exercising any of the
powers conferred on it by this Act, the Central Government 12[,the 6
[High Court] ] or the Board may
require any film to be exhibited before it or before 13[any person or authority] specified by it in this
behalf.
1. Ins. by Act 49 of 1981, s. 11 (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 2, for ‘ “UA” certificate’ (w.e.f. 11-8-2023).
3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023).
4. Ins. by Act 3 of 1959, s. 5.
5. Ins. by Act 49 of 1981, s. 12 (w.e.f. 1-6-1983).
6. Subs. by Act 33 of 2021, s. 9, for “Tribunal” (w.e.f. 4-4-2021).
7. Certain words omitted by Act 49 of 1981, s. 12 (w.e.f. 1-6-1983).
8. Subs. by s. 12, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-6-1983).
9. Section 7B re-numbered as sub-section (1) thereof by s. 13, ibid. (w.e.f. 1-6-1983).
10. Subs. by s. 13, ibid., for “in relation to such matters” (w.e.f. 1-6-1983).
11. Ins. by s. 13, ibid. (w.e.f. 1-6-1983).
12. Ins. by s. 14, ibid. (w.e.f. 1-6-1983).
13. Subs. by s. 14, ibid., for “any person” (w.e.f. 1-6-1983).
11
7D. Vacancies, etc., not to invalidate proceeding.—No act or proceeding of 1***, the Board or of
any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the
constitution of 2*** the Board or panel, as the case may be.
7E. Members of the Board and advisory panels to be public servants.—All members of 1*** the
Board and of any advisory panel shall, when acting or purporting to act in pursuance of any of the
provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
7F. Bar of legal proceedings.—No suit or other legal proceeding shall lie against 3
[the Central
Government, 1*** the Board], advisory panel or any officer or member of 4
[the Central Government, 1***
the Board or] advisory panel, as the case may be, in respect of anything which is in good faith done or
intended to be done under this Act.]
8. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
5
[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under
this section may provide for—
(a) the allowances or fees payable to the members of the Board;
(b) the terms and conditions of service of the members of the Board;
6
[(c) the form and manner of making an application to the Board for a certificate under
sub-section (1) of section 4;
(ca) the manner of examination of film under sub-section (2) of section 4;
(cb) the media for exhibition of film and the form and manner of making an application to the
Board in this regard under sub-section (3) of section 4;]
7
[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f)
of sub-section (1) of section 7;
(cd) the period, form and manner of preferring appeal and appellate authority under sub-section
(4) of section 7;]
(d) the association of regional officers in the examination of films, the conditions and restrictions
subject to which regional officers may be authorised under section 7B to issue provisional certificates
and the period of validity of such certificates;
(e) the manner in which the Board may consult any advisory panel in respect of any film;
(f) the allowances or fees payable to the members of advisory panel;
(g) the marking of the films;
8* * * * *;
1. The words “the Tribunal” omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021).
2. Subs. by s. 12, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-6-1983)
3. Subs. by Act 49 of 1981, s. 17, for “the Central Government, the Board” (w.e.f. 1-6-1983).
4. Subs. by s. 17, ibid., for “the Central Government, Board or” (w.e.f. 1-6-1983).
5. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
6. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023).
7. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023).
8. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021).
12
(l) the conditions (including conditions relating to the length of films in general or any class of
films, in particular) subject to which any certificate may be granted, or the circumstances in which
any certificate shall be refused;
(m) any other matter which is required to be or may be prescribed.]
1
[(3) Every rule made by the Central Government under this Part shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall,
thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
9. Power to exempt.—The Central Government may, by order in writing exempt, subject to such
conditions and restrictions, if any, as it may impose, the exhibition of any film or class of films from any of
the provisions of this Part or of any rules made thereunder.