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 noncognizable 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 noncognizable. The language of the provision in Part II of First Schedule is very clear and there is no ambiguity whatsoever. [Para 5.3][295-D-F]
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. [Paras 6, 7][295-G-H; 296-A-B]
Rakesh Kumar Paul vs. State of Assam (2017) 15 SCC
67 : [2017] 8 SCR 785 – held inapplicable.
Intelligence Officer, Narcotics Control Bureau vs. Sambhu Sonkar, AIR 2001 SC 830 : [2001] 1
SCR 821 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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