Section 5C of The Cinematograph Act, 1952
1[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 UA certificate; 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 2[High Court]: Provided that the 2[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. 3*****
Summary
- A person can appeal if the Board refuses a certificate, forces them to accept an A, S, or UA certificate, or orders cuts and changes to the film.
- Appeals must be submitted to the High Court.
Practical examples
FAQ
1. Who hears the appeals against the Board's decisions?
Appeals are made directly to the High Court.
2. Can I appeal if the Board tells me to delete a scene?
Yes, directing an applicant to carry out excisions or modifications is a valid ground for appeal.
Test yourself
Q1.Under Section 5C of The Cinematograph Act, 1952, what is the maximum possible time allowed to file an appeal if the appellant proves they were prevented by sufficient cause?
Q2.Under Section 5C of The Cinematograph Act, 1952, to which authority must an aggrieved person prefer an appeal?
Q3.Under Section 5C of The Cinematograph Act, 1952, which of the following Board decisions does NOT give the applicant a right to appeal?
Q4.Under Section 5C of The Cinematograph Act, 1952, what must an appellant demonstrate to get an extension on the 30 day deadline?