The Supreme Court of India recently ruled upon a question of law and held that an offence under Section 63 of the Copyright Act is a cognizable and non-bailable offence.
The question arose from an order of the Delhi High Court where the Delhi High Court quashed criminal proceedings under the section on the ground that the offence was not a cognizable and non-bailable offence.
Both the parties presented pleadings and arguments in support of their contentions, but the Apex Court took note of the fact that under the section of the Copyright Act, the maximum punishment which could be imposed was of three (3) years. The Supreme Court also took into account the fact that the criminal procedure code of the country states that if the offence is punishable with imprisonment for three (3) years and above but not more than seven (7) years, then such offence is a cognizable offfence.
In light of the above, the Apex Court ruled that Section 63 of the Copyright Act is a cognizable and a non-bailable offence.
M/s Knit Pro International vs The State of NCT of Delhi & Anr, Criminal Appeal no. 807 of 2022, Order dt. May 20, 2022