Film Certification and Censorship Framework in India

The regulation of films in India rests on the Cinematograph Act, 1952, with certification administered by the Central Board of Film Certification (CBFC) under the Ministry of Information and Broadcasting. The framework balances artistic freedom with restrictions related to public order, decency, morality, and security.

Constitutional and Statutory Basis

The legal foundation for film certification comes from Entry 60 of the Union List in the Seventh Schedule, which empowers the Centre to sanction cinematograph films for public exhibition. This authority operates alongside Article 19(1)(a), which guarantees freedom of speech and expression, and Article 19(2), which permits reasonable restrictions on specified grounds.

• Union competence: Certification of films for public exhibition falls within the Central Government’s legislative domain.
• Article 19(2) grounds: Restrictions may be imposed in the interests of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency, and morality.
• Purpose of certification: The system is intended to ensure that film content is suitable for public viewing in accordance with statutory standards.

CBFC: Composition and Administrative Structure

The CBFC is a statutory body consisting of a Chairperson and non-official members appointed by the Central Government. It functions through advisory panels attached to regional offices across the country. These offices help in examining films and issuing certificates for exhibition.

• Composition: Chairperson plus non-official members, generally between 12 and 25.
• Administrative mechanism: Film examination is supported by regional advisory panels.
• Regional offices: Mumbai, Kolkata, Chennai, Bengaluru, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack, and Guwahati.
• Ministry: The CBFC functions under the Ministry of Information and Broadcasting.

Cinematograph (Amendment) Act, 2023

The Cinematograph (Amendment) Act, 2023 updated the original 1952 law and introduced important changes in certification, anti-piracy, and exhibition rules. It also aligned the statute with established judicial principles on executive interference in film certification.

• Perpetual validity: Film certificates now have perpetual validity instead of the earlier ten-year limit.
• Age-based UA classification: The earlier UA category was split into UA 7+, UA 13+, and UA 16+.
• Anti-piracy provisions: Unauthorized recording or transmission of films is prohibited under Sections 6AA and 6AB.
• Penalty for piracy: Imprisonment from three months to three years, and a fine from ₹3 lakh up to 5% of the audited gross production cost.
• Restricted-media certification: Separate certification is required for exhibiting A or S category films on television or other government-prescribed platforms.
• Revisional powers removed: The Union government’s revisional powers over certified films were taken away.

Important: The 2023 amendment codified the principle laid down in Union of India v. K.M. Shankarappa (2000), which limited executive interference after certification.

Certification Rules and Procedural Changes

The certification process was further streamlined through updated rules. The new framework modernised application procedures, improved accessibility, and introduced greater gender representation in the CBFC structure.

• Cinematograph (Certification) Rules, 2024: Notified on March 15, 2024, replacing the older 1983 rules.
• Online process: Applications were shifted to the e-cinepramaan portal.
• Accessibility: The rules require features such as audio descriptions and closed captions for persons with disabilities.
• Gender representation: At least one-third of the members of the CBFC Board and advisory panels must be women, with a target of up to half.
• Faster timelines: The 2024 rules also introduced streamlined certification procedures.
• Amendment Rules, 2026: Notified on May 22, 2026, these rules removed the Priority Scheme for film examination and certification.
• Fast-track provisions omitted: The priority fee and timeline provisions under Rules 33 and 37 were omitted to ensure fair processing.

OTT and Digital Content Regulation

Unlike theatrical films, content on Over-the-Top (OTT) platforms is not subject to CBFC pre-censorship. Instead, it is regulated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules place the primary responsibility for classification on the platform itself.

• Self-classification: OTT platforms must classify content into five age-based categories.
• Categories: U, U/A 7+, U/A 13+, U/A 16+, and A.
• Parental locks: Required for content rated U/A 13+ or higher.
• Age verification: Mandatory for content classified as A.
• Regulatory distinction: OTT content follows a different framework from cinema halls and public film exhibition.

Key Prelims Takeaways

• Parent law: Cinematograph Act, 1952.
• Nodal ministry: Ministry of Information and Broadcasting.
• Constitutional support: Entry 60 of the Union List and Article 19(2).
• CBFC structure: Chairperson plus non-official members, with regional advisory panels.
• 2023 amendment: Introduced perpetual certificate validity, age-based UA subcategories, and anti-piracy penalties.
• Piracy penalty: Three months to three years’ imprisonment and fine from ₹3 lakh up to 5% of audited gross production cost.
• OTT regulation: Governed separately under the IT Rules, 2021 through self-classification.