Section 62 of Copyright Act 1957 - Jurisdiction of Court

Section 62 of the Copyright Act, 1957 deals with the territorial and court jurisdiction for suits and other civil proceedings concerning infringement of copyright or other rights conferred by the Act. It provides an additional jurisdictional basis connected with the person instituting the proceeding.

What is Section 62 of the Copyright Act, 1957?

Section 62 appears in Chapter XII of the Copyright Act, 1957, which deals with civil remedies. The provision specifies the court in which a civil proceeding relating to infringement of copyright or another right conferred by the Act may be instituted.

Section 62 - Jurisdiction of Court Over Matters Arising Under This Chapter

(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.

(2) For the purpose of sub-section (1), a "district court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.

Meaning and Scope of Section 62

Section 62 is a special jurisdiction provision for civil copyright proceedings. Sub-section (1) requires a suit or other civil proceeding covered by the provision to be instituted before a District Court having jurisdiction.

Sub-section (2) expands the meaning of a District Court having jurisdiction. In addition to the ordinarily applicable rules of territorial jurisdiction, the provision recognises jurisdiction where the person instituting the proceeding actually and voluntarily resides, carries on business, or personally works for gain at the time the proceeding is instituted.

Important Elements of Section 62

The provision applies to a suit or other civil proceeding arising under Chapter XII concerning infringement of copyright or another right conferred by the Copyright Act.
Such proceedings are to be instituted in a District Court having jurisdiction.
Section 62(2) begins with a non-obstante provision referring to the Code of Civil Procedure, 1908 and other laws in force.
Jurisdiction includes a District Court where the person instituting the proceeding actually and voluntarily resides.
It also includes the place where that person carries on business or personally works for gain.
Where there is more than one person instituting the proceeding, the statutory requirement may be connected with any one of them, subject to the requirements of the section.

Section 62 and the Code of Civil Procedure

The expression "notwithstanding anything contained in the Code of Civil Procedure, 1908" makes Section 62 a special statutory jurisdiction provision. It was enacted to provide an additional forum for a person enforcing rights under the Copyright Act rather than leaving jurisdiction exclusively to the ordinary rules governing the place of suing.

Important: Section 62 should not be read as an unrestricted right to select any court merely because a plaintiff has some business presence there. Territorial jurisdiction depends on the facts of the particular case and the applicable interpretation of Section 62 by the courts.

Which Court Has Jurisdiction Under Section 62?

For proceedings falling within Section 62, the statute refers to the District Court having jurisdiction. For the purpose of this provision, the expression includes the District Court within whose local limits the person instituting the proceeding actually and voluntarily resides, carries on business, or personally works for gain at the relevant time.

The appropriate court in a particular dispute should therefore be determined after considering the place of residence or business of the plaintiff, the cause of action, the nature of the infringement and the applicable judicial interpretation of the jurisdiction provisions.

Purpose of Section 62

The special rule assists copyright owners and other persons entitled to enforce rights under the Act by providing a statutory jurisdictional basis connected with their residence, business or place of work. At the same time, the provision operates within the limits recognised by judicial interpretation and should not be treated as permitting arbitrary forum selection.

Related Copyright Act Provisions

Section 62 should be read with the other provisions concerning infringement and civil remedies. The preceding Section 61 deals with making the owner of copyright a party to proceedings instituted by an exclusive licensee.

The provisions beginning with Section 63 deal separately with offences and criminal consequences under the Copyright Act.

Official Legal Resources

Last reviewed: September 21, 2026. Statutory provisions should be read with subsequent amendments, rules and binding judicial decisions applicable to the facts of a particular case.