Section 70 of the Copyright Act, 1957 - Cognizance of Offences
Section 70 identifies the minimum level of criminal court that may try an offence under the Copyright Act, 1957. It is a jurisdictional safeguard governing the trial of copyright offences.
Updated: 22 September 2026Text of Section 70
70. Cognizance of offences. - No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
The statutory wording means that an offence created by the Copyright Act cannot be tried by a criminal court below the rank specified in Section 70. The provision concerns the competency of the trial court under the Copyright Act.
Meaning and legal effect of Section 70
- Minimum judicial rank: A copyright offence must be tried by a Metropolitan Magistrate or a Judicial Magistrate of the first class, or by a court of higher competent jurisdiction.
- Applies to offences under the Act: The provision operates in relation to criminal offences created by the Copyright Act, including the offence provisions contained in Chapter XIII.
- Trial jurisdiction: Although the marginal heading uses the expression "Cognizance of offences", the operative words of Section 70 specifically state which level of court may "try" an offence under the Act.
- Procedural law: Criminal proceedings must also comply with the applicable criminal procedure law, subject to the special provisions of the Copyright Act.
Why Section 70 is important
Copyright infringement can attract civil remedies as well as criminal consequences. Section 70 does not itself create an offence or prescribe punishment. Instead, it fixes the minimum judicial level for the trial of offences created elsewhere in the Act. The nature of the alleged offence, its ingredients and punishment must therefore be examined under the relevant substantive provision.
Related offence provisions
Chapter XIII of the Copyright Act contains the principal offence provisions. For example, Section 63 deals with knowing infringement or abetment of infringement of copyright or other rights conferred by the Act. Section 63A addresses enhanced punishment for second and subsequent convictions, while Section 63B concerns knowing use of an infringing copy of a computer programme. Section 64 deals with police seizure of infringing copies in the circumstances specified by that provision.
Legislative note
The present expression "a Metropolitan Magistrate or a Judicial Magistrate of the first class" was substituted for the earlier expression "a Presidency Magistrate or a Magistrate of the first class" by Act 23 of 1983, section 22, with effect from 9 August 1984.
Note: Section 70 should be read with the particular offence provision invoked and the applicable criminal procedure law. The section does not, by itself, determine whether the factual ingredients of a copyright offence have been established.
Official text and copyright resources
For authoritative reference, consult the Copyright Act, 1957 published by the Copyright Office, Government of India. The Copyright Office also provides access to rules, notifications, manuals, online services and other copyright resources.
Frequently asked questions
What does Section 70 of the Copyright Act provide?
It provides that no court below the level of a Metropolitan Magistrate or Judicial Magistrate of the first class may try an offence under the Copyright Act.
Does Section 70 prescribe punishment for copyright infringement?
No. Section 70 concerns the competent trial court. Punishment is prescribed by the relevant offence provision, such as Section 63 where its statutory requirements are satisfied.
Does the heading "Cognizance of offences" mean Section 70 only deals with taking cognizance?
The heading uses that expression, but the operative statutory text states that no inferior court shall "try" an offence under the Act. The actual wording of the provision should therefore be read carefully when considering its procedural effect.