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37. In Raj Kapoor v. Laxman, (1980) 2 SCC 175 the Supreme Court held that Section 5-A of The Cinematograph Act and Section 79 IPC constitute an express legal bar to the institution and continuance of criminal proceedings. The relevant extract of the aforesaid judgment is as under:-

"3. The sole point for decision is the legal effect of the combined operation of Section 5-A of the Act and Section 79 IPC. But we will assume for purposes of argument that the facts stated in the complaint prima facie attract the offence under Section 292 IPC. Supposing such a film has been certified by the Central Board of Film Censors, acting within their jurisdiction under the Act, thereby sanctioning the public exhibition of the film, does it furnish a justification in law in doing the act which, in the absence of such certification, may constitute an offence under Section 292 IPC?

5. Does a certificate issued under Section 5-A (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?

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7. ...........So it is that a special legislation viz. the Act of 1952, sets-up a Board of Censors of high calibre and expertise, provides hearings, appeals and ultimate judicial review, pre- censorship and conditional exhibitions and wealth of other policing strategies. In short, a special machinery and processual justice and a host of wholesome restrictions to protect State and society are woven into the fabric of the Act. After having elaborately enacted such a legislation can it be said that a certificate granted under it by expert authority can be stultified by a simple prosecution or a shower of prosecutions for an offence under Section 292 IPC, driving the producer to satisfy a ―lay‖ Magistrate that the certificate of the Board of Censors notwithstanding, the film was offensive? The Board under Section 5-B has to consider, before certification, all the points Section 292 IPC prescribes..............