Section 73 of the Copyright Act, 1957 - Procedure for Appeals

Section 73 of the Copyright Act, 1957 empowers the High Court to make procedural rules for appeals made to it under Section 72. The provision should now be read with the post-2021 appellate structure, under which appeals from final decisions or orders of the Registrar of Copyrights lie to the High Court.

Text of Section 73 - Procedure for Appeals

Section 73: The High Court may make rules consistent with the Copyright Act, 1957 as to the procedure to be followed in respect of appeals made to it under Section 72.

Meaning and Scope of Section 73

Section 73 is a procedural enabling provision. It does not itself create the substantive right of appeal. The right of appeal is contained in Section 72 of the Copyright Act. Section 73 authorises the concerned High Court to frame rules, consistent with the Act, governing the manner in which such appeals are presented, processed and heard.

The words "consistent with this Act" are important. Rules made by a High Court under Section 73 regulate procedure and must operate within the Copyright Act. They cannot override or alter substantive provisions enacted by Parliament.

Current Position under Section 72

Following the 2021 tribunal reforms, Section 72 provides that a person aggrieved by a final decision or order of the Registrar of Copyrights may appeal to the High Court within three months from the date of the order or decision. The appeal is ordinarily heard by a single Judge, who may refer it to a Bench. Where a single Judge decides the appeal, Section 72 also provides for a further appeal to a Bench of the High Court within three months.

For computing the three-month period specified by Section 72, the time taken to obtain a certified copy of the order or record of the decision appealed against is excluded. Parties should also check the applicable High Court rules, filing requirements and judicial directions before filing.

Practical point: Section 73 does not prescribe one uniform filing format for every High Court. The procedural requirements may depend on rules and practice directions of the High Court in which the appeal is filed.

How Sections 72 and 73 Work Together

  • Section 72 identifies the appeal, appellate forum, limitation period and hearing structure.
  • Section 73 enables the High Court to prescribe the procedure governing appeals made to it under Section 72.
  • The High Court's procedural rules must remain consistent with the Copyright Act, 1957.
  • Before filing, the appellant should verify the current rules and filing practice of the relevant High Court.

Official Copyright Resources

For the current Act, Copyright Rules, notifications, e-filing services and Copyright Office information, refer to the official Government of India resources linked in the sidebar.

Related Provisions

Chapter XIV of the Copyright Act deals with appeals. Section 71 concerns appeals against certain orders of a Magistrate; Section 72 concerns appeals against orders of the Registrar of Copyrights; and Section 73 addresses the procedural rule-making power of the High Court for Section 72 appeals.

Updated: 22 September 2026. This article is for general legal information. Court rules and filing requirements should be verified before instituting proceedings.