If you are stuck in such a situation, here is what to do.

In the vibrant and often contentious landscape of Indian cinema, filmmakers frequently walk a tightrope between artistic expression and societal sensitivities. A recent case highlights this recurring conflict. A filmmaker, Mr. Sameer Joshi, produced a film titled “The Alipur Story,” based on a sensitive real-life incident that occurred in the town of Alipur. The Central Board of Film Certification (CBFC), commonly known as the Censor Board, ordered numerous cuts to the film before it could be released to the public.

One of the most significant cuts involved a dialogue where a character, based on a controversial public figure named Ms. Priya Singh, questions a historical aspect of a prominent religious leader’s life. Mr. Joshi and his supporters argue that this censorship is a violation of their freedom of speech and expression. They point out a perceived hypocrisy, noting that many who recently protested the government’s decision to block a foreign news agency’s documentary on a national political figure have remained silent on the censorship of “The Alipur Story.” They argue that if freedom of speech is to be upheld, it must be applied consistently, regardless of whether the content is polarizing or potentially unsettling to some. The core of their argument is that while audiences can choose not to watch a film, the state should not mutilate an artist’s work based on the possibility of public disturbance. This situation has left Mr. Joshi contemplating legal action to challenge the CBFC’s decision and release his film as he originally intended.

Advice in such cases

When you are a filmmaker, producer, or artist facing censorship or a ban on your creative work, the situation can be incredibly frustrating. The path forward requires a strategic and legally sound approach.

• Understand the Censor Board’s Order: Carefully review the written order from the CBFC detailing the reasons for the cuts or the refusal of a certificate. This document is the foundation of any legal challenge.
• Preserve All Communication: Keep meticulous records of all correspondence with the CBFC, including application forms, letters, and emails.
• Avoid Public Incitement: While it is your right to speak to the media and express your disagreement, be careful not to make statements that could be construed as deliberately inciting hatred or violence. This could weaken your legal position.
• Explore the Appeals Process: The first step is usually to appeal the decision within the established framework, which involves approaching the Film Certification Appellate Tribunal (FCAT). However, it is important to note that the FCAT was abolished in 2021, and now appeals must be filed directly with the High Court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework governing film censorship in India is primarily based on the Constitution and specific statutes.

• Article 19(1)(a) of the Constitution of India: This article guarantees all citizens the right to freedom of speech and expression. This is the fundamental right that filmmakers invoke when challenging censorship.
• Article 19(2) of the Constitution of India: This clause allows the state to impose “reasonable restrictions” on the freedom of speech 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. The CBFC’s decisions are based on these restrictions.
• The Cinematograph Act, 1952: This is the primary legislation that governs the certification of films for public exhibition. The CBFC derives its powers from this Act and its accompanying guidelines.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While not directly governing censorship, certain BNS provisions are often cited by authorities to justify restrictions under “public order” or “incitement to an offence.” These include:
  • Section 196 of BNS: (Equivalent to Section 153A IPC) Punishes the act of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.
  • Section 339 of BNS: (Equivalent to Section 295A IPC) Pertains to deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs.

If you are the complainant

If you are the filmmaker or producer whose work has been censored, you are the complainant or petitioner in this context.

• File a Writ Petition: Since the FCAT has been abolished, the primary remedy is to file a writ petition in the appropriate High Court challenging the CBFC’s order. This petition would typically be filed under Article 226 of the Constitution.
• Argue Against Unreasonableness: Your legal argument will centre on proving that the restrictions imposed by the CBFC are not “reasonable” as required by Article 19(2). You can cite precedents from the Supreme Court that have favoured artistic freedom over speculative threats to public order.
• Seek an Urgent Hearing: Given the time-sensitive nature of film releases, your lawyer can request an urgent hearing to get a swift decision from the court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this context, a “victim” could be an individual or a group whose religious, cultural, or personal sentiments are genuinely hurt by the content of a film.

• Lodge a Complaint with CBFC: You can formally write to the CBFC, expressing your objections and explaining how the film violates its certification guidelines, particularly concerning public order, decency, or religious sentiments.
• File a Private Complaint: You can file a private complaint before a Magistrate under relevant sections of the Bharatiya Nyaya Sanhita (BNS), such as Section 196 or 339, if you believe the film constitutes a criminal offence. However, the court will carefully examine whether the complaint is valid or frivolous.
• Avoid Vigilantism: It is crucial not to resort to threats, violence, or calls for a mob-led ban. Taking the law into your own hands is illegal and can lead to serious criminal charges against you. All grievances must be addressed through legal and official channels.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police role in such controversies is primarily to maintain law and order. They do not have a direct role in the censorship process itself.

• Preventing Protests from Escalating: If protests erupt for or against the film, the police will be deployed to prevent violence, damage to property (like cinema halls), and clashes between opposing groups.
• Enforcing Section 144 of BNSS: If the situation is tense, the police may impose Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibits the assembly of four or more people in a specific area to prevent potential riots.
• Registering FIRs: Police will register First Information Reports (FIRs) against individuals who engage in violence, issue threats, or damage property. They may also act on court orders directing them to register an FIR against the filmmakers if a magistrate finds a prima facie case.
• Providing Protection: In some high-profile cases, police may provide protection to the filmmakers, actors, or cinema halls if there is a credible threat perception.

FAQs people normally have

What evidence is required?

For a filmmaker challenging censorship, the primary evidence includes:

• A copy of the film script and the film itself (as submitted to the CBFC).
• The official order from the CBFC detailing the required cuts or denial of a certificate.
• All related communication with the CBFC.
• Case laws and legal precedents that support your case for freedom of expression.

For a person offended by the film, the evidence would be:

• The specific clips, dialogues, or scenes from the film that are considered offensive.
• A clear explanation of how the content violates specific laws, such as Section 196 or 339 of the BNS.

How long will the investigation take?

This question has two parts. First, there is no “investigation” in the traditional police sense unless a criminal act like a riot occurs. The process is a legal challenge in court.

The duration of a court case challenging CBFC’s decision can vary. High Courts are often sensitive to the financial and temporal pressures of film releases and may grant expedited hearings. A case could be decided in a few weeks if prioritized. However, if it involves complex legal questions and appeals, it could extend over several months or even longer.

Advocate Sudhir Rao, Supreme Court of India