CHAPTER XIII Offences

17/01/2011 17:45

 CHAPTER XIII

Offences 

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,

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[except the right conferred by section 53A]

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[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

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[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 judgement, 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.

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[63A. Enhanced penalty on second and subsequent covictions. - Whoever having already

been convicted of an offence under section 63 is again convicted of any such offence shall be

punishable for the second and for every subsequent offence, with imprisonment for a term which

shall not be less than one year but which may extend to three years and with fine which shall not be

less than one lakh rupees but which may extend to two lakh rupees :

Provided that

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[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 one year or a fine of less than one lakh rupees:

Provided further that for the purposes of this section, no cognizance shall be taken of any conviction

made before the commencement of the Copyright (Amendment) Act, 1984.]

"63B. Knowing use of infringing copy of computer programme to be an offence.

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 Any person

who knowingly makes use on a computer of an infringing copy of a computer programme shall be

punishable with imprisonment for a term which shall not be less than seven days 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 where the computer programme has not been used for gain or in the course of trade or

business, the court may, for adequate and special reasons to be mentioned in the judgment, not

impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand

rupees."

64. Power of police to seize infringing copies .  -(1)

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 Any police officer, not below the rank of a

sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of

copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all

copies of the work, and all plates used for the purpose of making infringing copies of the work,

wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.]

(2) Any person having an interest in any copies of a work

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[or plates] seized under sub-section (1)

may, within fifteen days of such seizure, make an application to the Magistrate for such copie.

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[or

plates] being restored to him and the Magistrate, after hearing the applicant and the complainant and

making such further inquiry as may be necessary, shall make such order on the application as he

may deem fit.

65. Possession of plates  for purpose of making infringing copies. – Any person who knowingly

makes, or has in his possession, any plate for the purpose of making infringing copies of any work in

which copyright subsists shall be punishable with imprisonment which may extend to

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[two years

and shall also be liable to fine].

66. Disposal of infringing copies or plates for purpose of making infringing copies. -The court

trying any offence under this Act may, whether the alleged offender is convicted or not, order that all

copies of the work or all plates in the possession of the alleged offender, which appear to it to be

infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner

of the copyright.

67. Penalty for making false entries in register, etc., for producing or tendering false entries . -

Any person who,-

(a) makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or

(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register,

or

(c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing,

knowing the same to be false,

shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

68. Penalty for making false statements for the purpose of deceiving or influencing any

authority or officer. Any person who, -

(a) with a view to deceiving any authority or officer in the execution provisions of this Act, or

(b) with a view to procuring or influencing the doing or omission of anything relation to this Act or any

matter thereunder,

makes a false statement or representation knowing the same to be false, shall be punishable with

imprisonment which may extend to one year, or with fine, or with both.

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[68A. Penalty for contravention of section 52A. -Any person who publishes a

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[sound

recording] or a video film in contravention of the provisions of section 52A shall be punishable with

imprisonment which may extend to three years and shall also be liable to fine.]

69. Offences by companies. -(1) Where any offence under this Act has been committed by a

company, every person who at the time the offence was committed was in charge of, and was

responsible to the company for, the conduct of the business of the company, as well as the company

shall be deemed to be guilty of such offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any person liable to any punishment,

if he proves that the offence was committed without his knowledge or that he exercised all due

diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or

connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or

other officer of the company, such director, manager, secretary or other officer shall also be deemed

to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section-

(a) "company" means any body corporate and includes a firm or other association of persons; and

(b) "director" in relation to a firm means a partner in the firm.

70. Cognizance of offences. - No court inferior to that of

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a Metropolitan Magistrate or a Judicial

Magistrate of the first class] shall try any offence under this Act.

125. Ins. by Act 38 of 1994, s. 63.

126. Subs. by Act 65 of 1984, s. 5, for certain words (w.e.f. 8-10-1984).

127. Ins. by Act 38 of 1994, s. 63.

128. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984).

129. Ins. by Act 38 of 1994, s. 63. 

130. Ins. by Act 38 of 1994, s. 63B. 

131. Subs. by s. 7, ibid., for sub section (1) (w.e.f. 8-10-1984). 

132. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8-10-1984). 

133. Ins. by s. 7, ibid, (w.e.f. 8-10-1984). 

134. Subs. by s. 8, ibid., for "one year, or with fine, or with both' (w.e.f. 8-10-1984). 

135. Ins. by Act 65 of 1984, s. 9 (w.9.f. 8-10-1984). 

136. Subs. by Act 38 of 1994, s. 2, for `record'. 

137. Subs. by Act 23 of 1983, s. 22, for "a Presidency Magistrate or a Magistrate of the first class"

(w.e.f. 9- 8-1984). 73. The High Court may make rules consistent with this Act as to the procedure to

be followed in respect of appeals made to it under section 72. INDIAN COPYRIGHT ACT, 1957 


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