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Section 71 of the Copyright Act, 1957: Appeals Against Certain Orders of Magistrate

Section 71, in Chapter XIV (Appeals) of the Copyright Act, 1957, gives a person aggrieved by specified Magistrate or court orders the right to appeal within 30 days from the date of the order. It also empowers the appellate court to stay execution while the appeal is pending.

Legal provisions reviewed: 7 October 2026

Text of Section 71 - Appeals against certain orders of Magistrate

Any person aggrieved by an order made under sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order, appeal to the Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.

Meaning and scope of Section 71

The remedy under Section 71 is directed at orders relating to the seizure, restoration and disposal of allegedly infringing copies or plates. The right of appeal is not a general appeal against every order under the Copyright Act; it expressly refers to orders under Section 64(2) and Section 66.

Section 64(2): Application for restoration of seized copies or plates

Section 64 authorises a police officer not below the rank of sub-inspector, subject to the statutory conditions, to seize without warrant infringing copies and plates used to make them and requires production before a Magistrate as soon as practicable. Under Section 64(2), a person having an interest in the seized material may apply to the Magistrate for its restoration within 15 days of seizure. After hearing the applicant and complainant and making any necessary inquiry, the Magistrate may pass an appropriate order. A person aggrieved by that order may appeal under Section 71.

Section 66: Disposal of infringing copies or plates

Section 66 empowers the court trying an offence under the Act, whether or not the alleged offender is convicted, to order delivery of infringing copies or plates to the copyright owner or to make another appropriate disposal order. Section 71 permits an aggrieved person to appeal against such an order.

Who can appeal, where and within what time?

Eligible appellant: Any person aggrieved by an order under Section 64(2) or Section 66.
Limitation: The appeal must be filed within 30 days of the date of the order, subject to any applicable procedural law and judicial determination concerning limitation.
Appellate forum: The court to which appeals from the court that made the challenged order ordinarily lie. The correct forum depends on the court and applicable procedural framework.
Interim relief: The appellate court may stay execution of the order pending disposal of the appeal; filing an appeal does not itself grant an automatic stay.

Practical considerations for an appeal

An appellant should identify the challenged order and its date, explain how the order adversely affects their interest, and state the legal or factual grounds for setting it aside or modifying it. Supporting records may include the seizure memorandum, the application under Section 64(2), documents showing ownership or lawful possession, and the impugned order. If execution may cause immediate prejudice, a separate request for interim stay should be considered.

It is important to distinguish the 15-day application period under Section 64(2), measured from seizure, from the 30-day appeal period under Section 71, measured from the challenged order. These are different remedies and different starting points.

Section 71 compared with Section 72

Section 71 concerns the specified orders under Sections 64(2) and 66 and ordinarily directs appeals to the relevant appellate court. Section 72 instead deals with appeals against decisions or orders of the Registrar of Copyrights. Following the 2021 tribunal reforms, appeals covered by Section 72 lie to the High Court under its applicable provisions. The two appeal mechanisms should not be confused.

Official legal references

This article explains the statutory provisions for general legal information. Court rules, subsequent amendments and case-specific facts should be checked before filing an appeal.