FILM CENSORSHIP IN INDIA: LEGAL FRAMEWORK AND RECENT TRENDS

ABSTRACT: Film censorship in India has evolved from the colonial-era film licensing to a centralized certification regime under independent India’s Cinematograph Act, 1952. This paper traces the historical development of the film censorship laws, focusing on the 1952 Cinematograph Act and its amendments by scrutinizing the key statutory provisions and recent legislative reforms, including the 2023 Amendment Bill, which introduces age‐based categories and piracy penalties , and also examines the role of the Central Board of Film Certification (CBFC). It also examines the Landmark judgements such as K. A. Abbas v. Union of India (1970) to Indibility Creative Pvt. Ltd. v. West Bengal (2019) and Nipun Malhotra v. Sony Pictures (2024) – to show how the Supreme Court and High Courts have balanced free expression against “reasonable restrictions” . A comparative section outlines the U.S. First Amendment model (e.g. Joseph Burstyn, Inc. v. Wilson, Freedman v. Maryland, Miller v. California) versus the UK’s BBFC system and regulatory Acts (e.g. Cinematograph Act 1985, Video Recordings Act 1984). Finally, we discuss challenges faced by the digital media and OTT platforms, noting that current censorship norms apply mainly to theatrical films, with online content governed by the newest IT Rules (2021) and proposed regulations. The paper concludes by assessing the persisting tension between artistic freedom and permissible restrictions under the Indian constitution, emphasizing that film censorship must be narrowly tailored to genuine threats of obscenity, violence, or public disorder, which empowers the filmmakers to explore a wider range of themes and ideas, thereby enriching public discourse.