1979 (10) TMI 217 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction and procedural compliance under s. 482 and s. 397 of the Criminal Procedure Code.
2. Relevance and probative value of a certificate issued by the Board of Censors under the Cinematograph Act in a trial for offences under ss. 292 and 293 of the Indian Penal Code.

Summary:

Issue 1: Jurisdiction and Procedural Compliance
The High Court dismissed the petition for special leave due to procedural non-compliance, specifically the failure to file a copy of the trial court's order as required by a High Court rule, despite the original order being present in the records. The Supreme Court highlighted that the inherent power of the High Court u/s 482 of the Criminal Procedure Code is not repelled by the revisional power u/s 397. The Court emphasized that procedural technicalities should not overshadow substantive justice. The Supreme Court concluded that the High Court should not have dismissed the petition merely because a copy of the order was not produced, especially when the original was available. The case was remitted back to the High Court for fresh disposal.

Issue 2: Relevance and Probative Value of Censor Board Certificate
The Supreme Court addressed the argument that a certificate issued by the Board of Censors under the Cinematograph Act should bar further challenge under the Penal Code. The Court held that while the certificate is relevant and carries significant weight, it is not conclusive. The criminal court retains the jurisdiction to examine whether the film breaches public morals or decency as per ss. 292 and 293 of the Indian Penal Code. The Court underscored that the statutory certificate is not an irrebuttable defense but a rebuttable presumption that can be negated by positive evidence.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the High Court to dispose of the petition on the merits expeditiously. The Court also provided guidelines on the interaction between the Cinematograph Act and the Penal Code, emphasizing the need for a balanced approach in evaluating the probative value of the Censor Board's certificate.