Section 63 of the Copyright Act, 1957: Offence of Copyright Infringement and Punishment
Section 63 of the Copyright Act, 1957 creates a criminal offence where a person knowingly infringes, or knowingly abets the infringement of, copyright in a work or another right conferred by the Act, subject to the statutory exclusion relating to the right under Section 53A.
Meaning and scope of Section 63
The central requirement of Section 63 is knowledge. Mere existence of a copyright dispute does not by itself reproduce the statutory requirement; the prosecution must establish the ingredients of the criminal offence, including that the infringement or abetment was committed knowingly.
For understanding whether an act amounts to infringement, Section 63 should be read with the substantive provisions of the Copyright Act dealing with copyright, acts constituting infringement and statutory exceptions. In particular, Section 51 deals with when copyright is infringed, while Section 52 identifies specified acts that do not constitute infringement.
Text and effect of Section 63
In substance, Section 63 provides that a person who knowingly infringes or abets infringement of copyright in a work, or another right conferred by the Act other than the right excluded by Section 53A, is punishable with imprisonment and fine.
The prescribed imprisonment is ordinarily not less than six months and may extend to three years. The prescribed fine is ordinarily not less than Rs. 50,000 and may extend to Rs. 2,00,000.
Where infringement has not been made for gain in the course of trade or business, the court may, for adequate and special reasons recorded in the judgment, impose imprisonment of less than six months or a fine of less than Rs. 50,000.
Essential ingredients of the offence
| Requirement | Explanation |
|---|---|
| Protected right | There must be copyright in a work, or another relevant right conferred by the Copyright Act. |
| Infringement or abetment | The conduct must amount to infringement under the Act, or amount to abetment of such infringement. |
| Knowledge | Section 63 expressly uses the word "knowingly"; knowledge is therefore a material ingredient of the criminal offence. |
| No applicable statutory exception | The conduct must be considered together with provisions such as Section 52, which lists acts that do not constitute infringement. |
Punishment under Section 63
The normal statutory range is imprisonment from six months to three years together with a fine from Rs. 50,000 to Rs. 2,00,000. The proviso gives the court limited sentencing discretion where the infringement was not made for gain in the course of trade or business, but adequate and special reasons must be stated in the judgment.
Exception relating to buildings and structures
The Explanation to Section 63 states that construction of a building or other structure which infringes, or which if completed would infringe, copyright in another work is not an offence under Section 63. This is a specific criminal-law exclusion in the section and should not be confused with the separate question of civil remedies that may arise under the Act.
Is an offence under Section 63 cognizable?
In M/s Knit Pro International v. State of NCT of Delhi, decided on 20 May 2022, the Supreme Court held that an offence under Section 63 of the Copyright Act is a cognizable and non-bailable offence under the then-applicable classification in the Code of Criminal Procedure, 1973. The judgment is an important authority when considering the criminal enforcement of Section 63.
For proceedings governed by the post-1 July 2024 procedural regime, the BNSS applies generally to investigation, inquiry and trial of offences under other laws, subject to any special procedure in the enactment concerned. The precise procedural consequence in a particular case should therefore be checked with the applicable BNSS provisions, the Copyright Act and relevant case law.
Police power to seize infringing copies under Section 64
Section 64 is closely connected with Section 63. It authorises a police officer not below the rank of sub-inspector, on being satisfied that an offence under Section 63 concerning infringement of copyright in a work has been, is being, or is likely to be committed, to seize without warrant the copies and plates specified by that provision. The seized material is required to be produced before a Magistrate as soon as practicable.
Related provisions
Section 63 should be read as part of the wider statutory scheme. Section 63A provides enhanced punishment for second and subsequent convictions in specified circumstances. Section 63B concerns knowing use of an infringing copy of a computer programme. Section 64 deals with police seizure powers, while Sections 65, 65A and 65B address plates for infringing copies, technological protection measures and rights management information respectively.
Official legal resources
For the authoritative statutory text and current Copyright Office material, refer to the official Copyright Office, Government of India and its Copyright Act, 1957. For current criminal procedure, see the official Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Supreme Court judgment in Knit Pro International is available from the Supreme Court of India.
Practical legal note
Criminal liability under Section 63 depends on the facts and evidence of the particular case. Questions such as ownership or subsistence of copyright, the acts allegedly committed, statutory licences or permissions, exceptions under Section 52, knowledge, abetment, seizure procedure and admissibility of evidence can materially affect the proceeding.
This page is a general legal information resource and does not substitute for advice on the facts of a particular case.