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TMI Blog1979 (12) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... trary impacts and what one regards as lecherous, another may consider elevating. Be that as it may a well published film Satyam, Sivam, Sundaram became the subject matter of a prosecution presumably a pro bono publico proceeding, by the respondent against the petitioner and others who are the producer, actor, photographer, exhibitor and distributor of that film. The complaint alleged that the fascinating title was misleadingly foul and beguiled the guileless into degeneracy. If the gravamen of this accusation were true, obscenity, indecency and vice are writ large on the picture, constituting an offence under s. 292 I.P.C. The Magistrate, after examining some witnesses, took cognizance of the offence and issued notice to the accused. Thereu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I.P.C. notwithstanding. The absolution is based upon the combined operation of s. 5A of the Act and s. 79 of the Penal Code. The issue is of some importance since the cinema is one of the major mass media with millions of viewers and many millions in investment. The respondent-complainant, despite notice having been served on him, did not enter appearance. We requested the Additional Solicitor General, Shri Banerjee, to help the court unravel the legal tangle and he responded promptly and eruditely rendered industrious assistance. We record our appreciation of the services of Shri Banerjee. The sole point for decision is the legal effect of the combined operation of s. 5A of the Act and s. 79 I.P.C. But we will assume for purposes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prosecution. Does a certificate issued under s. 5A(1A) of the Act amount to justification in law for public exhibition of the film, be it obscene or not, or, at any rate, does it generate a belief induced by a mistake of fact, namely, the issuance of the certificate and its effect that the certificate-holder is justified by law in exhibiting the film ? We are thrown back upon a study of the anatomy of the Cinematograph Act and the efficacy of a certificate under s. 5A as a justification within the meaning of s. 79 of I.P.C. Justified according to Black's Legal Dictionary means: Done on adequate reasons sufficiently supported by credible evidence, when weighed by unprejudiced mind, guided by common sense and by correct ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectives. The freedom of expression, the right to be equally treated and the guarantee of fair hearing before heavy investments in films are destroyed belong to Indian citizens under the Constitution. But all freedom is a promise, not a menace and, therefore, is subject to socially necessary restraints permitted by the Constitution. Having regard to the instant appeal of the motion picture, its versatility, realism, and its coordination of the visual and aural senses. what with the art of the cameraman with trick photography, vistavision and three dimensional representation, the celluloid art has greater capabilities of stirring up emotions and making powerful mental impact so much so the treatment of this form of art on a different footing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter of interpretation, s. 79 I.P.C. resolves the apparent conflict between s. 292 I.P.C. and Part II of the Act relating to certification of films. If the Board blunders, the Act provides remedies. We are sure the public-spirited citizen may draw the attention of the agencies under the Act to protect public interest. The general issues of art and the role of the State have already been referred to by us in an earlier appeal from the Delhi High Court relating to the same film. There s. 79 I.P.C. was not considered by us because the contention was not urged before us. The present decision will bind the court that hears that case. The position that emerges is this. Jurisprudentially viewed, an act may be an offence, definitionally speak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blic morals are liberally certificated, the legislation, meant by Parliament to protect people's good morals, may be sabotaged by statutory enemies within. Corruption at that level must be stamped out. And the Board, alive to its public duty, shall not play to the gallery; nor shall it restrain aesthetic expression and progressive art through obsolete norms and grandma inhibitions when the world is wheeling forward to glimpse the beauty of Creation in its myriad manifestations and liberal horizons. A happy balance is to ....consider, on the one hand, the number of readers they believe would tend to be depraved and corrupted by the book, the strength of the tendency to deprave and corrupt, and the nature of the depravity or corruption; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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