Sir. Is the offence under Section 63 of the Copyright Act [“Offence of infringement of copyright or other rights conferred by this Act”] a cognizable offence and whether it is bailable of non-bailable offence?
Offence under Section 63 of the Copyright Act is 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.
The Copyright Act is silent as to whether the offences under this Act are cognizable or not, and also whether such offences are bailable or non-bailable. Therefore, we have look at the general provisions contained in Part-II of Schedule I to the Criminal Procedure Code, which are applicable to offences under Acts other than IPC. As per this, if an offence in an Act other than the IPC is punishable with imprisonment for 3 years and upwards but not more than 7 years, then it is cognizable and non-bailable. Offence defined in Section 63 of the Copyright Act fits in this classification.
Therefore, the offence under Section 63 of the Copyright Act is cognizable and non-baialble.
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