Section 63A of the Copyright Act, 1957: Enhanced Penalty for Second and Subsequent Convictions
Section 63A of the Copyright Act, 1957 provides an enhanced punishment where a person who has already been convicted of an offence under Section 63 is again convicted of such an offence. It forms part of Chapter XIII dealing with offences under the Act.
What Section 63A provides
The provision applies to a repeat conviction for an offence under Section 63. For a second and every subsequent qualifying conviction, Section 63A prescribes a higher minimum term of imprisonment and a higher minimum fine.
Section 63A - Enhanced penalty on second and subsequent convictions
Whoever, having already been convicted of an offence under section 63, is again convicted of any such offence is punishable, for the second and every subsequent offence, with imprisonment for not less than one year and up to three years, and with a fine of not less than one lakh rupees and up to two lakh rupees.
Where the infringement was not made for gain in the course of trade or business, the court may, for adequate and special reasons recorded in the judgment, impose imprisonment for less than one year or a fine below one lakh rupees.
For the purpose of Section 63A, a conviction made before the commencement of the Copyright (Amendment) Act, 1984 is not to be taken into account.
Penalty under Section 63A
| Requirement | Position under Section 63A |
|---|---|
| Previous conviction | The person must already have been convicted of an offence under Section 63. |
| Subsequent conviction | The person must again be convicted of an offence of the kind covered by Section 63. |
| Imprisonment | Minimum one year; maximum three years. |
| Fine | Minimum Rs. 1,00,000; maximum Rs. 2,00,000. |
| Non-commercial infringement | The court may reduce the statutory minimums for adequate and special reasons stated in its judgment where the infringement was not for gain in the course of trade or business. |
Meaning and scope of the provision
The expression "second and subsequent convictions" makes the earlier conviction an essential condition for invoking the enhanced punishment. Section 63A therefore operates as a repeat-offender provision linked specifically to an earlier conviction under Section 63.
The first proviso gives the sentencing court limited discretion where the infringement was not for gain in the course of trade or business. The court must record adequate and special reasons in the judgment if it imposes imprisonment below one year or a fine below Rs. 1,00,000.
Legislative history
Section 63A was inserted by the Copyright (Amendment) Act, 1984 (Act 65 of 1984), with effect from 8 October 1984. The words concerning infringement not made for gain in the course of trade or business were inserted by the Copyright (Amendment) Act, 1994 (Act 38 of 1994), with effect from 10 May 1995.
Official legal resources
For the current statutory text and official copyright administration material, refer to the Government of India resources linked in the sidebar.