Section 64 of the Copyright Act, 1957: Power of Police to Seize Infringing Copies
Section 64 of the Copyright Act, 1957 gives a police officer not below the rank of Sub-Inspector a specific power to seize infringing copies and plates without a warrant when the statutory conditions are satisfied. It also provides judicial supervision by requiring the seized material to be produced before a Magistrate and gives an interested person a time-bound remedy for restoration.
Updated: 21 September 2026
What Section 64 provides
Section 64 is an enforcement provision connected with copyright offences. Its principal trigger is an offence under Section 63 concerning infringement of copyright in a work. The provision permits qualifying police action without first obtaining a warrant, but it also requires prompt production of seized copies and plates before a Magistrate.
Text of Section 64
64. Power of police to seize infringing copies.
(1) Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.
(2) Any person having an interest in any copies of a work, or plates, seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies, or plates, being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.
Legislative note: Sub-section (1) was substituted and references to plates in sub-section (2) were inserted by the Copyright (Amendment) Act, 1984 with effect from 8 October 1984.
Meaning and scope of Section 64
1. Officer must be at least a Sub-Inspector
The statutory seizure power is conferred on a police officer who is not below the rank of Sub-Inspector. The rank requirement is therefore an express condition in Section 64(1).
2. Seizure may be made without warrant
The provision expressly authorises seizure without warrant when the officer is satisfied that the specified copyright offence has been committed, is being committed, or is likely to be committed. The power relates to copies of the work and plates used for making infringing copies.
3. Section 63 is the offence referred to in Section 64
Section 64(1) is linked to an offence under Section 63 of the Copyright Act in respect of infringement of copyright in a work. Section 63 is therefore important when examining whether the statutory basis for seizure exists.
4. Seized material must be produced before a Magistrate
Copies and plates seized under Section 64(1) must be produced before a Magistrate as soon as practicable. This requirement places the seized property under judicial supervision after the police exercise the warrantless seizure power.
5. Application for restoration must be made within fifteen days
Under Section 64(2), a person having an interest in the seized copies or plates may apply to the Magistrate for restoration within fifteen days from the seizure. The Magistrate must hear the applicant and the complainant, may make further inquiry as necessary, and then pass an appropriate order.
Related provisions
- Section 63 deals with the offence of infringement of copyright or other rights conferred by the Act.
- Section 65 deals with possession of plates for the purpose of making infringing copies.
- Section 66 concerns disposal of infringing copies or plates by the court trying an offence under the Act.
- Section 71 provides an appeal, within thirty days from the date of the order, against certain orders including an order made under Section 64(2).
Official sources
For the authoritative consolidated legislation, see the Copyright Act, 1957 on India Code. Copyright administration, rules, notifications and online services are available from the Copyright Office, Government of India.
Practical summary
Section 64 creates a focused enforcement mechanism: a police officer of the prescribed rank may seize specified infringing material without warrant when the statutory conditions are met; the seized material must then be produced before a Magistrate as soon as practicable; and a person interested in that material may seek restoration within fifteen days. Questions about criminal liability, disposal of seized material and appeals should be considered together with Sections 63, 66 and 71 and other applicable procedural law.
Disclaimer: This page is for general legal information and does not constitute legal advice. For a particular seizure, complaint or prosecution, the facts, current statutory text and applicable judicial decisions should be examined.