“Cinema is a matter of what’s in the frame and what’s out”. – Martin Scorsese
For a century or more, Bollywood has been one of the most dominant and influential tools that leaves a profound impact on people’s lives and society where movies have become a psychological stimulus that can influence, and delude people. Therefore, the genre of Bollywood movies that relate to courtroom drama, morality, and justice attracts the masses which keeps the layman audience on the hook whether justice has been served or not in the climax. The representation of over-dramatic courtrooms, fake encounters, corruption and harassment by police, open-ended trials, and negative portrayal of lawyers and raucous dialogues in many movies may shape a negative image of the judiciary among common folks discouraging them from seeking legal help. However, many series and movies have adapted plots based on cases where the legal sanctity has been preserved showing correct procedures on how the judicial system works restoring the belief of people in justice and enlightening them about their rights.
APT OR FLAWED REPRESENTATION?
Starting in the late 90’s in the famous movie “Amar Akbar Anthony” Inspector Khanna, before arresting someone, showed his ID Card and introduced himself. This is in concurrence with the law laid down by The Supreme Court[1], that a police officer must carry correct identification tags with their designation while carrying an arrest. In “Damini”, a movie famous for its iconic dialogue of “Tarikh pe Tarikh ” show the protagonist is a strong-headed woman who stopped the media from revealing the identity of a rape victim under Section 228 Of the Indian Penal Code 1960[2] which says that the identity of victims of rape should not be revealed by any media. She gave a passionate speech on the lack of empathy towards rape victims in India and the insensitivity of lawyers while arguing. However, the scene where the defence lawyer pushes men in the face of the lead in the court to identify the accused person is an absurd portrayal of identification as in reality for identification the police have to file a charge sheet before anyone comes to Court. In the movie ‘Aitraaz’, the plot of a man got falsely charged with sexual harassment, and the arguments during the court proceedings were seen as real and are close to real data from the Delhi Commission for Women stating that 53.2% of rape cases registered between 2013- 2014 in Delhi were false[3].
CLOSE TO REALITY?
Another famous film “Raja ki ayege Bharat” showed that protagonist after being raped was asked to marry her perpetrator to protect her honour by the court, making a mockery of justice. However, this is seen in real life also, as many times the High Court has asked the accused to marry the prosecutrix under Section 482 CrPC[4] which gave the High Court discretion to quash the criminal proceedings. This has been largely done in many rape cases like Monu v. State of U.P[5] where bail was given to rape accused on condition that the accused marry the victim[6]. However Supreme Court took a firm stand in Shimbhu v. State of Haryana[7], holding that rape is not a private offence as it’s against society and in no circumstances, it should be left to be compounded by the parties and settled by entering into wedlock with each other and the Court has the discretion to award the punishment to the accused despite the marriage. In Gian Singh case[8], the Supreme Court asserted that the High Court while exercising discretion under Sec 482 CrPC 1973, has to take great care of the nature and gravity of the crime and heinous offences. cannot be quashed even though the victim and the offender have compromised,
Movies in the recent decade have shown a substantial shift and have portrayed courtroom drama as closer to reality. Recently, in the film ‘Thappad’ the portrayal of opposing lawyers representing wife and husband respectively shows how the marital negotiations outside Courts take place between the Clients. The series “Criminal Justice”, showed the accurate exhibition of cross-questioning in court, along with the narco test done upon the order of the Court based on the consent of the accused.
MOVIES BASED ON FAMOUS CASE LAW
The movie “No One Killed Jessica” starring Vidya Balan was based on Case law Siddharth Vashish @ Manu Sharma V. State NCT Delhi[9], famously termed as Jessica Lal Murder Case when a socialite killed Jessica when she refused to serve him drinks was released due to lack of witness. The movie correctly captures the complexity of the Indian Legal System where witnesses turned hostile, evidence was tampered and political influence was used. Media trials played a huge role in the case as many witnesses were secretly filmed, and the accused statement in police custody was leaked followed by the appeal in the High Court. Finally, the accused was awarded life imprisonment which was shown with conviction in the movie.
Another highly acclaimed movie “Jolly LLB” conspicuously represents the inadequacy of the law and was loosely based on the case – Sanjeev Nanda vs. The State[10] where the drunk accused ran over people sleeping on the footpath. The High Court disagreed with the trial court, found the testimony of the star witness unreliable, and convicted the accused only for causing death by a rash or negligent act[11], a lesser offence. The movie, unfortunately, focuses on the protagonist fighting heroic battles, followed by the usual dramatization of unprofessional behaviour and ugly verbal attacks in the court far from reality[12].
“Talvar” is a gritting portrayal of the double murder case of Aarushi Talwar and Hemraj[13]. The movie carefully exposes the grotesque nature of the media, politicians, and the incapability of police which led to many distorted facts leading to a blunder of justice. The film also highlights the methods of police investigations, many of which were questionable, the loopholes in the system, and the conclusion of police teams that eventually led to the parents being declared the suspects in the case. “Rustom”, a film, was based on the famous case of K.M. Nanavati v. the State of Maharashtra and was the last case to be heard as a jury trial in India since the Government abolished the jury system as a result of this case. The case relates to the fact that when Nanavati’s wife Sylvia confessed her illicit affair with Ahuja, Nanavti shot Ahuja in agony. However, the jury gave a verdict of not guilty but later overturned by the Supreme Court. The movie however doesn’t follow the same story misleading the audience with many omissions and giving the story a new dimension of patriotism and vengeance to make the story more dramatic. The movie ended with a jury trial verdict creating a false image where in reality the High Court gave him life imprisonment for culpable homicide amounting to murder.[14]
CONCLUSION
Movies are not only seen for leisure they do affect the minds of people sharply. In a country like India where people are not much aware of the law, cinema plays an important role in educating them. However, much of movies with legal plot creates a negative and absurd portrayal of the legal system, demeaning and creating a discouraging effect on people. The movie makers try to create fictitious stories, boisterous dialogues, and loud acting as means to make a more engaging movie that can sell in that process forgetting the legal nuances of the case. The depiction of the actual representation of lawyers and parties without going overboard in their acting is considered monotonous. However, in recent times shift has been shown by showing a closer look at the real legal process and a dichotomy between real and façade depictions of law so that society can see a meaningful legal film.
Author(s) Name: Elisha Gupta (Campus Law Centre, Delhi University)
References:
[1] D.K Basu vs State of West Bengal (1997) SC 610
[2] Indian Penal Code 1960, s 228
[3] Wahid Bhat,’Rape cases that proved false in India’(Ground Report, Dec 8 2022) <https://groundreport.in/false-rape-cases-in-india-8-times-when-women-falsely-accused-men/> accessed 08 August 2023
[4] Code of Criminal Procedure 1973, s 482
[5] Monu v. State of U.P., 2022 SCC Online All 701,
[6] Sanjay Vashishtha , Rape and Marriage Jurisprudence: A Study of Recent Judicial Trends Pertaining to Marriage Post Rape(SCC Blog , Nov 05 2022 ) <https://www.scconline.com/blog/post/2022/11/05/rape-and-marriage-jurisprudence-a-study-of-recent-judicial-trends-pertaining-to-marriage-post-rape/> Assessed on 9 August 2023
[7] Shimbu vs State of Haryana (2014) 13 SCC 318
[8] Gian Singh vs State of Punjab (2012) 10 SCC 303
[9] Siddharth Vashish @ Manu Sharma v. The State (2010) 6 SCC 1
[10]Sanjeev Nanda vs The State (2012) 8 SCC 450
[11] Indian Penal Code 1860, s 304 A
[12] Dhruva Gandhi ‘From the Real to the Reel: Courtroom Trials in Hindi Cinema’ (Social Legal Review
Apr 10, 2018) < https://www.sociolegalreview.com/post/from-the-real-to-the-reel-courtroom-trials-in-hindi-cinema >Accessed on 10 Aug 2023
[13] Dr. Mrs. Nupur Talwar Respondents vs State of U.P (1984) 2 SCC 627
[14] Indian Penal Code, 1960, s 302
