Section 66 of the Copyright Act, 1957: Disposal of Infringing Copies and Plates
Section 66 of the Copyright Act, 1957 gives the court trying an offence under the Act power to deal with infringing copies and plates used for making infringing copies. The power can be exercised whether or not the alleged offender is ultimately convicted.
Law checked against the official Copyright Office text available in September 2026.
Text and meaning of Section 66
Section 66 - Disposal of infringing copies or plates for purpose of making infringing copies.
The provision authorises the court trying an offence under the Copyright Act to order that infringing copies, or plates intended for making infringing copies, which are in the possession of the alleged offender be delivered to the copyright owner. The court may instead make such order as it considers fit regarding disposal of those copies or plates.
The section is therefore a disposal and delivery-up provision connected with criminal proceedings under the Copyright Act. It is not limited to cases ending in conviction. The statutory wording expressly permits an order whether the alleged offender is convicted or not.
Key elements of Section 66
- Court trying an offence: The power belongs to the court trying an offence under the Copyright Act.
- Conviction is not essential: The court may make an order even where the alleged offender is not convicted.
- Property covered: The provision concerns copies that appear to be infringing copies and plates for the purpose of making infringing copies.
- Possession: The statutory power addresses relevant copies or plates in the possession of the alleged offender.
- Available orders: The court may direct delivery to the owner of copyright or make another order it considers fit regarding disposal.
2012 amendment to Section 66
The Copyright (Amendment) Act, 2012 expanded the concluding part of Section 66. With effect from 21 June 2012, the court may not only order delivery to the copyright owner but may also make such order as it deems fit regarding disposal of the infringing copies or plates. This gives the court express flexibility over their final disposal.
How Section 66 relates to other Copyright Act provisions
Section 66 should be read in the wider enforcement framework of the Act. Section 64 concerns police seizure of infringing copies and plates in specified circumstances. Section 65 creates an offence concerning knowing possession or making of a plate for the purpose of making infringing copies. Section 66 addresses what the trial court may ultimately order in relation to infringing copies or plates before it.
For civil enforcement, the Act separately contains provisions dealing with remedies and rights concerning infringing copies. The remedy under Section 66 arises in the context of a court trying an offence and should not be confused with civil relief.
Official legal source
The current statutory text can be verified from the Copyright Act, 1957 published by the Copyright Office, Government of India. The Copyright Office also provides access to the Act, Copyright Rules, notifications, manuals and online copyright services.