Section 4 of The Cinematograph Act, 1952
1[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: 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.]
Summary
- Anyone who wants to show a film to the public must apply to the Board for a certificate.
- The Board can approve the film for everyone, restrict it to adults only, or restrict it to a specific profession or class of people.
- If a film approved for everyone contains material that children between seven and eighteen should watch with parental guidance, the Board can add a UA marker to the approval.
- The UA marker is meant to guide parents or lawful guardians, but it is not enforced by anyone else.
- The Board can demand cuts or changes to the film before approving it, or it can flatly refuse to approve it, but it must give the applicant a chance to be heard first.
- A separate application and certificate are needed to show an adult-restricted or profession-restricted film on television or other media, and the Board might demand cuts for this.
Practical examples
FAQ
1. Can anyone enforce the UA marker and stop a child from entering the cinema?
No, the UA marker is only to enable parents and guardians to consider if the child should view it, and it shall not be enforced by any other person.
2. Does a film need a new certificate to be shown on television?
Yes, if a film was originally restricted to adults or a specific class, the applicant must get a separate certificate to show it on television or other media.
3. What does the age of seven mean under this section?
The expression seven denotes the completion of seven years of age.
4. Can the Board refuse to certify a film without telling the filmmaker why?
No, the Board cannot take action to refuse or demand cuts unless the applicant has been given an opportunity of being heard.
Test yourself
Q1.Under Section 4 of The Cinematograph Act, 1952, what is the purpose of an endorsement containing a UA marker?
Q2.Under Section 4 of The Cinematograph Act, 1952, who is legally responsible for enforcing an endorsement that a child's viewing should be subject to guidance?
Q3.Under Section 4 of The Cinematograph Act, 1952, what must the Board do before directing an applicant to make excisions or refusing to sanction a film?
Q4.Under Section 4 of The Cinematograph Act, 1952, what is required if someone wants to exhibit on television a film that was previously restricted to adults?
Q5.Under Section 4 of The Cinematograph Act, 1952, how does the law define the expression eighteen in the context of parental guidance?