Act Number: 37

Act Name: The Cinematograph Act, 1952

Year: 1952

Enactment Date: 1952-03-21

Long Title: An Act to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematographs.

Ministry: Ministry of Information and Broadcasting

Department:

Section 7: Penalties for contraventions of this Part.
    1[(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 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.
     2[(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.
     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 3[or a "S" certificate or a 4["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.
     5["(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.]
    
Notes:
1. Subs. by Act 18 of 2023, s. 2 and the Schedule, for sub-section (1) (w.e.f. 1-9-2023).
2. Ins. by Act 12 of 2023, s. 9 (w.e.f. 11-8-2023).
3. Ins. by Act 49 of 1981, s. 11 (w.e.f. 1-6-1983).
4. Subs. by Act 12 of 2023, s. 2, for "UA" certificate (w.e.f. 11-8-2023).
5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023).

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