Section 63 Copyright Act – Copyright Infringement Is A Cognizable & Non Bailable Offence
Case: Knit Pro International vs State of NCT of Delhi
Coram: Justices M R Shah and B V Nagarathna
Case No.: CrA 807 of 2022
Court Observation: “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.”
…It is observed and held that offence under Section 63 of the Copyright Act is a cognizable and nonbailable 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 nonbailable offence.
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