Section 63B of the Copyright Act, 1957: Knowing Use of Infringing Copy of Computer Programme

Section 63B of the Copyright Act, 1957 creates a specific criminal offence where a person knowingly uses an infringing copy of a computer programme on a computer. The provision was inserted by the Copyright (Amendment) Act, 1994 and came into force on 10 May 1995.

In brief: The prosecution must concern knowing use on a computer of an infringing copy of a computer programme. Section 63B also contains a special proviso where the programme was not used for gain or in the course of trade or business.

Text and effect of Section 63B

Section 63B provides that a person who knowingly makes use on a computer of an infringing copy of a computer programme is punishable with imprisonment for a term of not less than seven days and up to three years, together with a fine of not less than Rs. 50,000 and up to Rs. 2,00,000.

Its proviso states that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons recorded in the judgment, refrain from imposing imprisonment and may impose a fine up to Rs. 50,000.

For the authoritative statutory wording, see the Copyright Act, 1957 published by the Copyright Office.

Essential ingredients of the offence

Punishment under Section 63B

The ordinary punishment prescribed by Section 63B is imprisonment from seven days to three years and a fine from Rs. 50,000 to Rs. 2,00,000. The proviso gives the Court limited sentencing discretion where the computer programme was not used for gain or in the course of trade or business. Adequate and special reasons for using that discretion must be stated in the judgment.

Meaning of computer programme

Section 2(ffc) of the Copyright Act uses a technology-neutral definition. It covers instructions expressed in words, codes, schemes or another form, including a machine-readable medium, if they are capable of causing a computer to perform a task or achieve a result. The Copyright Office also treats computer programmes as a category of literary work for copyright purposes.

Section 63B and other copyright offences

Section 63B should be read with the wider enforcement provisions of the Copyright Act. Section 63 deals with offences of infringement of copyright or other rights conferred by the Act, Section 63A provides enhanced punishment for certain subsequent convictions, and Sections 65A and 65B address technological protection measures and rights management information. The applicability of any provision depends on the facts and the legal ingredients of that provision.

Practical legal point

The presence of unauthorised software on a device does not, by itself, reproduce every element stated in Section 63B. The statutory language specifically uses the expressions "knowingly", "makes use on a computer", and "infringing copy". Evidence and the applicable copyright rights, licences and statutory exceptions therefore remain important in an individual case.

Official copyright resources

Current central-government copyright materials and services are available through the Copyright Office, Government of India. The site provides the Copyright Act, rules, notifications, manuals, e-filing services and application-status facilities.

Legislative note: Section 63B was inserted by Section 23 of the Copyright (Amendment) Act, 1994 (Act 38 of 1994), with effect from 10 May 1995.