Section 69 of the Copyright Act, 1957 - Offences by Companies
Section 69 of the Copyright Act, 1957 deals with criminal liability when an offence under the Act is committed by a company. It identifies when the company and persons responsible for its business may be proceeded against, and separately addresses liability based on consent, connivance or negligence.
What Section 69 means
The provision creates a framework for offences committed by a company. Under sub-section (1), the company and a person who, at the relevant time, was both in charge of and responsible to the company for the conduct of its business are deemed guilty, subject to the statutory defence. Under sub-section (2), a director, manager, secretary or other officer may also be liable where the company's offence is proved to have occurred with that person's consent or connivance, or is attributable to that person's negligence.
Text and explanation of Section 69
Section 69(1): Company and persons in charge
Where an offence under the Copyright Act is committed by a company, the company as well as every person who, when the offence was committed, was in charge of and responsible to the company for the conduct of its business is deemed guilty and may be proceeded against and punished accordingly.
Statutory defence: Such a person is not liable to punishment if the person proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission.
Section 69(2): Consent, connivance or negligence
Even apart from sub-section (1), where an offence by the company is proved to have been committed with the consent or connivance of, or to be attributable to negligence on the part of, a director, manager, secretary or other officer, that person is also deemed guilty and may be proceeded against and punished accordingly.
Definitions used in Section 69
The Explanation to Section 69 gives the provision a wider application than incorporated companies alone:
- Company: means any body corporate and includes a firm or other association of persons.
- Director in relation to a firm: means a partner in the firm.
Key legal requirements
- There must first be an offence under the Copyright Act attributable to the company.
- For liability under Section 69(1), the relevant person's position must satisfy the statutory requirement of being in charge of and responsible to the company for the conduct of its business at the time of the offence.
- The proviso to Section 69(1) expressly recognizes absence of knowledge and exercise of all due diligence as defences to punishment.
- Section 69(2) focuses on a director, manager, secretary or other officer whose consent, connivance or negligence is proved in relation to the company's offence.
- The punishment depends on the substantive copyright offence involved; Section 69 principally determines who may be held responsible when the offender is a company.
Practical significance for companies and officers
Section 69 makes corporate responsibility and individual responsibility fact-specific. Corporate designation alone should not be confused with the separate statutory tests stated in sub-sections (1) and (2). Businesses dealing with copyrighted works should maintain authorization records, licensing documentation, internal compliance procedures and reasonable controls capable of demonstrating due diligence where relevant.
Official legal resources
For the current statutory text, amendments and related provisions, refer to the Copyright Act, 1957 on India Code. The Copyright Office, Government of India provides the Act, Rules, notifications, manuals and copyright-related online services.
Last reviewed: 22 September 2026.