for less than three years or with fine only the
offence can be said to be non-cognizable. In view
of the above clear position of law, the decision in
the case of Rakesh Kumar Paul (supra) relied upon
by learned counsel appearing on behalf of
respondent no.2 shall not be applicable to the facts
of the case on hand. The language of the provision
in Part II of First Schedule is very clear and there
is no ambiguity whatsoever.
…
7. In view of the above discussion and for the
reason stated above, it is observed and held that
offence under Section 63 of the Copyright Act is a
cognizable and non-bailable offence...”
37.
Under Section 63 of the Copyright Act, the offence of infringement is
committed not only by a person who infringes but also by a person who abets
infringement. The relevant extract of the said Section is as under:
“63. Offences of infringement of copyright or
other rights conferred by this Act.
Any person who knowingly infringes or abets the
infringement of-(a) the copyright in a work, or
(b) any other right conferred by this Act except the
right conferred by section 53A,
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:
Provided that where the infringement has
not been made for gain in the course of trade or
business the court may, for adequate and special
reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than six
months or a fine of less than fifty thousand rupees.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 26 of 51
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