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Enforcement

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.

 

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