Anurag Thakur upset with CBFC nod to Oppenheimer Gita scene: How are films certified in India?

A scene in Oppenheimer, in which the titular character reads out verses from an ancient Sanskrit scripture, purportedly the Bhagavad Gita, during an intimate scene, has generated controversy over social media.

What is the CBFC?

CBFC is a statutory body under the Ministry of Information and Broadcasting (I&B), tasked with regulating the public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can be shown in India only after they have been certified by the Board.

The Board consists of members and a Chairperson (all of whom are appointed by Central Government) and functions with headquarters at Mumbai. The chairperson and board members serve for three years. The CEO, under the chairperson, is in charge of the administrative functioning.

CBFC composition.

CBFC has nine Regional Offices, one each at Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack and Guwahati. The ROs are assisted in the examination of films by Advisory Panels that can have multiple members. These panel members are nominated by the Central Government for two years. While the board members are usually film and TV professionals, members of the advisory panel are often from outside the industry.

CBFC members’ tenure.

What is the film certification process?

After receiving all of the film’s materials, requisite fees and other matter required under the rules, the regional officer forms an Examining Committee to view the film. This Examining Committee, in the case of a short film (shorter than 72 minutes), will consist of an officer of the CBFC and one advisory panel member, either of whom must be a woman.

In the case of a long film/feature film (longer than 72 minutes), at least two persons in the committee must be women. After the film has been previewed, the CBFC has to ensure that each member gives a report in writing about his recommendations about the modifications and the classification recommended to the film. The report is then given to the Chairperson who will ask the regional officer to initiate further procedures.

The Certification process is in accordance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government under section 5 (B).

Section 5(b) states that “a film shall not be certified if any part of it is against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or involves defamation or contempt of court or is likely to incite commission of any offence”.

The reading of this guideline could vary from one CBFC member to the other. Certification is often decided on individual inclinations in the Examining Committee.

What are the certificates that can be issued to Indian films?

Certification is decided by the Regional Officer based on reports by Examining Committee members in unanimity or majority. In case of a divided opinion, the case rests with the chairperson.

These certifications include unrestricted public exhibition (U), parental guidance for children below age 12 (U/A), adult (A), or viewing by specialised groups (S).

The process has often been criticised for not being liberal enough in its view, with the Board asking for various cuts to films. Incidentally, a new amendment to the Act has been suggested with the Cinematograph (Amendment) Bill, 2023, introduced in Rajya Sabha on July 20, 2023.

In 2019, a film produced by the Children’s Film Society named Chidiakhana was granted a U/A certificate and this led to criticism of the process. The Board said the rating had to do with scenes of murder and attempts to murder, goons and guns, abusive language, bullying in school, children watching an adult song video on a mobile, a mother slapping a child, a suicide attempt, teasing of a child about his father’s name, winking at a woman, and discrimination faced by North Indians in Mumbai.

Here is a video explainer from that time:

What if the applicant is not satisfied?

In most such cases, the CBFC shares a list of “suggested changes”. If the applicant is unhappy with the certification or the list of changes, he or she can apply to the Revising Committee, which is made of the Chairperson and up to nine committee members from both the board and the advisory panel. The committee cannot have a member from the advisory panel who may have already viewed the film.

A similar process is followed at this stage, with the final word resting with the Chairperson.

The last point of appeal is the Appellate Tribunal, an independent body, members of which are appointed by the ministry for three-year terms. Any further dispute can be taken to a court.

What are ‘suggested changes’?

Under the Cinematograph Act, 1952, the CBFC can “direct the applicant to carry out such excisions or modifications in the film as it thinks necessary before sanctioning the film for public exhibition… or refuse to sanction the film for public exhibition”.

This is an updated version of an explainer originally published in 2021.