Showing minors 'A' films may draw Rs 10k fine each time in new Bill

Anyone exhibiting a film certified for an adult audience to a minor may end up with a penalty of Rs 10,000 for every such screening rather than the existing three-year jail term and a Rs 1,00,000 fine once a new Bill clears the Parliament’s hurdle.

The penalty for screening “S” (Restricted to Special Classes) certified films – meant for professionals and not to be screened for the public - is similar

This and other amendments to The Cinematograph Act 1952 are part of The Jan Vishwas (Amendment of Provisions) Bill 2022 that seeks to amend 183 provisions across 42 Acts, which also includes the Information and Technology Act and The Prevention of Money Laundering Act, administered by 19 ministries.

The Bill, which is now under the scrutiny of a Joint Committee of Parliament, is aimed at weeding out “outdated rules and regulations (that) causes trust deficit” and ensuring decriminalisation of minor offences. However, in some cases, the punishment has been enhanced.

The amendments to The Cinematograph Act 1952 include enhancing the punishment for exhibiting films which are not certified by the Censor Board, altering the certification and not showing the certification, from a three-year jail term and Rs 1,00,000 fine to a three-year jail term and Rs 10,00,000 penalty.

The fine may further extend to Rs one lakh for each day during which the offence continues, according to the Bill. Similar are the punishments prescribed for the exhibition of video films.

The Bill also says that a person shall be liable to a penalty not exceeding Rs 10,000 per person for every such screening of films certified as “A” (adults only) to minors. Films that are certified to be shown to professionals only also attract similar punishment.

The existing law provides for a jail term of three years and a fine of Rs 1,00,000 in both cases.

A Metropolitan Magistrate or any First Class Judicial Magistrate is empowered to impose a penalty above Rs 5,000 in these circumstances, according to the amendments. Otherwise, only a Chief Judicial Magistrate is empowered to impose a penalty above Rs 5,000, as per CrPC.

The Bill also seeks to amend The Patent Act 1970 by enhancing the fine from Rs one lakh to Rs ten lakh and a further penalty of Rs 1,000 for every day after the first for falsely representing articles sold as patented in India or is a subject of an application in India.