808 March 13 2023

Supreme Court : Offence u/s.63 of the Copyright Act is a cognizable and non-bailable offence

Section 63 in the Copyright Act, 1957
63. Offence of infringement of copyright or other rights conferred by this Act.— Any person who knowingly infringes or abets the infringement of—

(a) the copyright in a work, or

(b) any other right conferred by this Act, 1[except the right conferred by section 53A] 1[except the right conferred by section 53A]" 2[shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: 
Provided that 3[where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.] 

Explanation.— Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

M/S KNIT PRO INTERNATIONAL
Vs.
THE STATE OF NCT OF DELHI & ANR.

(Criminal Appeal No. 807 of 2022) MAY 20, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]

Copyright Act, 1957 – s.63 – Whether, the offence under s.63 of the Copyright Act is a cognizable offence or a non-cognizable offence – Held: For offence u/s.63 of the Copyright Act, the maximum punishment which can be imposed would be three years – In that view of the matter considering Part II of the First Schedule of the CrPC, if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence – High Court committed grave error in holding that the offence u/s.63 of the Copyright Act is a non-cognizable offence – Offence u/s.63 of the Copyright Act is a cognizable and non-bailable offence – CrPC – First Schedule, Part II. Allowing the appeal, the Court HELD: 

1. 	For the offence under Section 63 of the Copyright Act, 1957, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Therefore, the maximum punishment which can be imposed would be three years. Therefore, the Magistrate may sentence the accused for a period of three years also. In that view of the matter considering Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be non-cognizable. The language of the provision in Part II of First Schedule is very clear and there is no ambiguity whatsoever. 

2.	Under the circumstances, the High Court has committed a grave error in holding that the offence under Section 63 of the Copyright Act is a non-cognizable offence. The offence under Section 63 of the Copyright Act is a cognizable and non-bailable offence. Consequently, the impugned judgment and order passed by the High Court taking a contrary view is hereby quashed and set aside and the criminal proceedings against respondent no.2 for the offence under Sections 63 & 64 of the Copyright Act now shall be proceeded further in accordance with law and on its own merits treating the same as a cognizable and non-bailable offence.

* L E G A L F R E E . I N *
This Article is written by Adv. Alok Kumar practicing advocate in Delhi High Court, for any kind of suggestion you may contact here advocatealok21@gmail.com and 9953184869.

Author

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Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


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