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Infringement of copyright or other rights under the Copyright Act is a cognizable, non-bailable offence

Citation : M/s Knit Pro International Versus The State of NCT of Delhi, Criminal Appeal No. 807 Of 2022; 

Date of Judgment/Order : May 20, 2022

Court/Tribunal : The Supreme Court Of India

Corum : M.R. Shah; B.V. Nagarathna, Jj.

Background

The Appellant had filed an application under Section 156(3) Cr.P.C. and sought directions from the learned Chief Metropolitan Magistrate for the registration of FIR against the respondent No.2 herein for the offences under Sections 51, 63 & 64 of the Copyright Act read with Section 420 of the IPC. The said application was allowed and an FIR was registered against the Respondent. The Respondent in turn prayed before the High Court to quash the criminal proceedings on the sole ground that the offence under Section 63 of the Copyright Act is not a cognizable and a non-bailable offence which was allowed. This appeal is against the order of the High Court.

Judgment

The Supreme Court observed that the short question which is posed for consideration before this Court is, whether, the offence under Section 63 of the Copyright Act is a cognizable offence as considered by the Trial Court or a non-cognizable offence as observed and held by the High Court.

Section 53 of the Copyright which deals with offence of infringement of copyright or other rights conferred by the Copyright Act states that offences shall be 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.

Whereas Part II of the First Schedule of the Code of Criminal Procedure which deals with Classification Of Offences Against Other Laws states that, offence if punishable with imprisonment for 3 years and upwards but not more than 7 years, the same would be cognizable, non-bailable and triable by Magistrate of the first class.

Thus, for the offence under Section 63 of the Copyright Act, 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 learned Magistrate may sentence the accused for a period of three years also.

The SC held that under the circumstances the High Court has committed a grave error in quashing the FIR and holding that the offence under Section 63 of the Copyright Act is a non-cognizable offence.

Note:

The Appellant's advocate had made an excellent point by directing the court's attention to the judgment in Intelligence Officer, Narcotics Control Bureau vs. Sambhu Sonkar, AIR 2001 SC 830, where it  has been specifically observed and held by this Court that the maximum term of imprisonment that is prescribed for the said offence, cannot be excluded for the purpose of classification of the offence.

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