Since a movie which has not been released so far may have been copied or stolen from the computer of the producers, downloading such a movie may perhaps be covered under Section 66-B of the Information Technology Act, 2000, which is reproduced below:
“66-B. Punishment for dishonestly receiving stolen computer resource or communication device.—Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.”
Here, it may be pointed out that “computer resource” is defined widely to cover “data” also (which, in turn, may perhaps cover a downloaded movie), as shown below:
“(k) “computer resource” means computer, computer system, computer network, data, computer database or software;”
In addition, Section 43(3) of the above Act lays down as under:
“43. Penalty and Compensation] for damage to computer, computer system, etc.—If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network,—
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(b) downloads, copies or extracts any data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
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he shall be liable to pay damages by way of compensation to the person so affected.”
It may be pointed out that an act committed under above Section 43 may also be punishable under Section 66 of the said Act if other ingredients are satisfied, the relevant extract of which is as under:
“66. Computer related offences.—If any person, dishonestly or fraudulently, does any act referred to in Section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.”
In addition, downloading a movie illegally may also amount to violation of the relevant provisions of the Copyright Act, for which action may be taken under that Act.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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