Degree and nature of care expected of an occupier of a cinema building:

Supreme Court of India
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Author: .....J.
Bench: T.S. Thakur, Gyan Sudha Misra
 REPORTABLE
 IN THE SUPREME COURT OF INDIA
 CRIMINAL APPELLATE JURISDICITION
 CRIMINAL APPEAL NO.597 OF 2010
Sushil Ansal Appellant
 Versus
State Through CBI Respondent
(With Crl. Appeals No.598/2010, 599/2010, 600-602/2010, 604/2010, 605-
616/2010 and 617-627/2010)


(vii) Degree and nature of care expected of an occupier of a cinema building:
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95. The Cinematograph Act, 1952 inter alia regulates exhibition of films by means of
cinematographs. Section 10 of the Act, provides that save as otherwise provided under Part III of the
Act no person shall give an exhibition by means of a cinematograph elsewhere them in a place
licensed under this part or otherwise than in compliance with any conditions and restrictions
imposed by such license. Section 12 of the Act stipulates the restrictions on powers of the licensing
Authority and forbids grant of a license except where he is satisfied that the rules made under Part
III have been substantially complied with and adequate precautions have been taken in the place in
respect of which the license is to be given to provide for safety of persons attending exhibitions
therein. Section 16 of the Act empowers the Government to make rules under Part III of the Act,
which part as noticed above also makes safety of persons attending the exhibition an important
requirement. Rule 10(1) of the Delhi Cinematograph Rules framed in exercise of the said power
explicitly makes the licensee responsible for the safety of those attending the exhibition of films. It
reads:
10(1) The licensee shall be responsible for compliance with the provisions of these
rules and with the conditions of his license, for the maintenance of the licensed
premises at all times and in all respects in conformity with the standards prescribed
by these rules and for taking all necessary measures before any cinematograph
exhibition is commenced to ensure the safety of the public and his employees against
fire and other accidents.
(2) The licensee or some responsible person nominated by him in writing for the
purpose shall be in general charge of the licensed premises and cinematograph
during the whole time where any exhibition is in progress. (emphasis supplied)
96. The rules make further provisions for safety of the cinema goers. For instance Rules 24 and 37 of
the Delhi Cinematograph Act, 1953 provide for attendants to carry electric torches for use in
emergency and for keeping the fire appliances in working order and incharge of some person
specially appointed for the purpose. The said two rules may also be extracted at this stage:
24. Attendants and all members of the staff employed in the building during an
exhibition shall carry electric torches for use in emergency in the event of failure of
the lighting.
37.Before the commencement of each performance the cinematograph operator
shall satisfy himself that the fire appliances, intended for use within the enclosure are
in working order, and during the performance such appliances shall be in the charge
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Indian Kanoon - http://indiankanoon.org/doc/9513811/ 44
of some person specially appointed for that purpose, who shall see that they are kept
constantly available for use.
97. The First Schedule to the DCR 1953 compliance whereof is essential for grant and renewal deals
extensively with several aspects most if not all of which deal with the safety of the cinema goers. For
instance Para 3 of the schedule deals with external walls, Para 6 of the schedule deals with the
number of persons to be admitted, Para 7 with seating within the hall, Para 8 with gangways, Para 9
with stairways, Para 10 with exits, Para 13 with ventilation, Para 15 with Parking, Para 16 with fire
precautions, Para 34(1) with illumination of exits, passages, corridors and stairways, Paras 35 and
36 with emergency lights.
98. A conspectus of the provisions of the Act and the rules referred to above shows that the duty to
ensure safety of those entering a cinema hall for watching the exhibition of a film, is cast upon the
occupier of the hall. The use of words taking all necessary measures before a cinematograph
exhibition is commenced to ensure safety of the public and his employees against fair and other
accidents leaves no manner of doubt that apart from the common law duty to care, the statutory
provisions too cast such an obligation upon the licence/occupier of the cinema hall.

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111. The nature of care in the case of cinema theatres would depend upon three primary factors that the occupier of the cinema must at all times bear in mind. The first is that the cinema hall is an enclosed and necessarily a dark space to which public at large have access on payment of a price for Sushil Ansal vs State Thr.Cbi on 5 March, 2014 Indian Kanoon - http://indiankanoon.org/doc/9513811/ 50 the ticket that entitles him to watch the exhibition of a cinematograph. Such theatres, at any given point of time, admit large crowds of people whose safety is the obligation of the occupier till such time they leave the precincts of the theatre. The duty to take care regarding the safety of those admitted to watch an exhibition rests with the occupier who can and ought to even by the most ordinary standards of prudence foresee that in the event of anything untoward happening whether out of a fire incident or otherwise, those inside the cinema premises can be safe only if they exit from the same as rapidly as possible. Any delay whether on account of obstruction in or around the exit points or in the gangways can be reasonably foreseen by any prudent businessman running the business of exhibition of cinematographs to be extremely hazardous and at times suicidal, with the potential of claiming human lives whether out of a stampede, panic or asphyxiation in the event of a fire. It does not require any extra expertise for a cinema owner or the occupier of a cinema theatre to foresee such consequences and to take remedial steps to prevent the same as a part of his duty to care towards those visiting the theatre. 112. The second and equally important dimension relevant to the duty of an occupier of a cinema theatre concerns the statutory provisions that regulate such duties and make certain safety measures essential.