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Name: Vijay Rohan Krishna Semester: V' A Roll Number: 543

Vijay Rohan Krishna authored a paper on the nature of copyright infringement under the Code of Criminal Procedure. The paper discusses how copyright infringement as defined under Section 63 of the Copyright Act, 1957 is classified under the Code of Criminal Procedure based on the punishment of imprisonment. Specifically, if an offense is punishable with 3-7 years imprisonment it is cognizable and non-bailable, whereas an offense punishable with less than 3 years imprisonment or a fine only is bailable and non-cognizable. The paper analyzes judicial trends in classifying copyright infringement under these categories, including a recent Delhi High Court judgment.

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Rohan Vijay
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53 views1 page

Name: Vijay Rohan Krishna Semester: V' A Roll Number: 543

Vijay Rohan Krishna authored a paper on the nature of copyright infringement under the Code of Criminal Procedure. The paper discusses how copyright infringement as defined under Section 63 of the Copyright Act, 1957 is classified under the Code of Criminal Procedure based on the punishment of imprisonment. Specifically, if an offense is punishable with 3-7 years imprisonment it is cognizable and non-bailable, whereas an offense punishable with less than 3 years imprisonment or a fine only is bailable and non-cognizable. The paper analyzes judicial trends in classifying copyright infringement under these categories, including a recent Delhi High Court judgment.

Uploaded by

Rohan Vijay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NAME: VIJAY ROHAN KRISHNA

SEMESTER: V’ A
ROLL NUMBER: 543

NATURE OF COPYRIGHT INFRINGEMENT UNDER THE


CODE OF CRIMINAL PROCEDURE

Abstract
This paper discusses the nature of the offence of copyright infringement, as defined under
Section 63 of the Copyright Act, 1957, in light of the provisions of the Code of Criminal
Procedure, 1973. The Code of Criminal Procedure, under Part II of the First Schedule,
classifies offences under two categories, namely, the cognizability of an offence and whether
bail can be granted for a particular offence. Part II to the Schedule deals with offences that
have defined in enactments apart from the Indian Penal Code, 1860. This classification is
made of the basis of term of imprisonment specified by the statute for the offence. Under
Section 63, the prescribed punishment for the offence of copyright infringement is specified
as being not less than six months and may extend up to three years. The phrase “may extend
up to three years” is the root cause of the problem in classifying the offence under the Code.
This is because under Part II, if an offence is punishable with imprisonment for 3 years, and
upwards but not more than 7 years, the offence is classified as cognizable and non-bailable.
Whereas, if the offence is punishable with imprisonment for less than 3 years or with Fine
only, the offence is bailable and non-cognizable. The object of the present paper is to analyse
the judicial trends classifying the offence of copyright infringement under these categories
along with the recent judgement of the Delhi High Court in State Govt. Of N.C.T. Of Delhi
vs Naresh Kumar Garg.

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