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14. Section 5B of the Act lays down the principles for guidance in certifying films and runs as under:-

5B. Principles for guidance in certifying films.(1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence.

29. The cuts proposed at Serial No. 2 (Reduce to flash the love making scene of Indian man and foreign girl.) and serial No. 7 (At 45:00, in the love making scene delete visual of man feeling/touching woman between her legs.) are in fact only one scene and not two. The said scene is contextual. It does not in any manner portray obscenity or depict vulgarity. Rather the scene have been handled delicately; while depicting the context, the director has refrained from crossing the threshold of decency.

36. As noticed above, when the subject film is examined in the light of the principles for examination of the film as a whole, the alleged offending scenes do not militate against the central theme of the film rather, they aid in conveying the message behind the predominant theme of the film. In B.K. Adarsh (supra), itself the court has held; "it is the duty of the Judge to consider in each case whether a particular book, article or a motion picture is obscene. The offending portion or parts are also to be independently considered. In that context the tests to be laid down are the predominant theory or theme taken as a whole whether appeals to prominent interest according to the contemporary standards of the reasonable average man; whether the motion picture is not saved by any redeeming social values; whether it is patently offensive because it is opposed to contemporary standards and whether the story, incident or the dialogue likely to impair the moral standards of the public by extenuating vice or crime or depraving moral standards was it likely to give offence to reasonable minded cinema audience; what effect would it have on the minds of the general public including adolescent young children, etc. and whether it is portrayed or photographed beyond decency or morality. The decency or indecency of a particular picture, sequence or scene cannot depend upon the nature of the subject matter, but the question is one of the manner of handling with the subject matter and sociological or ethical interest or message which the film conveys to the reasonable man. The approach of the court would be from the perspective of social pathological phenomenon with a critical attitude and perform the role of a clinical doctor keeping the balance between the felt necessities of the time and social consciousness of the progress of the society eliminating the evils and propagating for the cultural evolution literary taste and pursuit of happiness in social relation, national integration and solidarity of the nation and the effect of the film thereon."