Subtitles can be added to a film after producer notifies CBFC, and gets it endorsed by CBFC: Bombay HC

The Bombay High Court held the decision of the Central Board for Film Certification (CBFC) — to direct filmmakers submit subtitles of films for review so that no additional words were inserted after due certification of a film – as correct. The Court held that subtitles can be added to a film after the producer notifies the Central Board of Film Certification (CBFC) and gets it endorsed.

The High Court was hearing a petition filed by the Indian Motion Picture Producers’ Association (IMPPA), challenging the CBFC’s direction to filmmakers to submit subtitles of their films for censorship. The petition filed sought to challenge the CBFC notice that said they must obtain a separate certificate if subtitles were added after the film got clearance.

Advait Sethna, CBFC counsel, contended before the High Court that the intention of the impugned notice was to ensure that alterations made after certification of a film under the Rules, were duly reported to the Board in the form prescribed under the Rules.

A petition filed by the Indian Motion Picture Producers’ Association (IMPPA) sought to challenge a CBFC notice that mandates a separate censorship certificate for subtitles.

Advocate Ashok Saraogi, appearing for the IMPPA told the court that the whole procedure to secure separate censorship certificate for subtitles was like sending a fresh film for re-examination. He added that when a film is sent for certification, the producer has to pay a certain amount. Re-examining the film will not only cost the producer more, but is also time-consuming. He also added that IMPAA is ready to send subtitles in a CD format and get them endorsed by CBFC.

The CBFC told the court that as per Rule 33 of the Cinematography Act, when a film is altered by excision, or if subtitles have been included after the film has been certified, the same shall not be exhibited unless the alteration or subtitles included are reported to CBFC.

The order was passed by a division bench of Justice Akil Kureshi and Justice S J Kathawalla.