Section 77 of the Copyright Act, 1957 - Certain Persons to Be Public Servants
Section 77 of the Copyright Act, 1957 gives statutory public-servant status to every officer appointed under the Act. The provision forms part of Chapter XV, which contains miscellaneous provisions of the Copyright Act.
Current text of Section 77
Every officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
The statutory text continues to refer to section 21 of the Indian Penal Code, 1860. The Indian Penal Code has, however, been repealed for the new criminal-law regime by the Bharatiya Nyaya Sanhita, 2023, which came into force on 1 July 2024. Section 2(28) of the Bharatiya Nyaya Sanhita now contains the definition of public servant. The wording of Section 77 of the Copyright Act itself should therefore be read as the enacted text unless and until it is formally amended.
Meaning and effect of Section 77
The expression deemed to be a public servant creates a statutory legal status for officers appointed under the Copyright Act. In practical terms, an officer who falls within Section 77 is treated as a public servant for the legal purposes to which that status applies.
The Copyright Act provides for the Copyright Office and for the appointment of the Registrar of Copyrights and other officers. Section 77 connects officers appointed under the Act with the statutory concept of a public servant.
2021 amendment - Appellate Board reference removed
Section 77 previously also referred to every member of the Appellate Board. The Tribunals Reforms Act, 2021 omitted the words relating to members of the Appellate Board. The amendment took effect from 4 April 2021. The current provision therefore applies, in its express terms, to every officer appointed under the Copyright Act.
Section 77 at a glance
| Act | The Copyright Act, 1957 (Act 14 of 1957) |
|---|---|
| Chapter | Chapter XV - Miscellaneous |
| Section | Section 77 |
| Subject | Certain persons to be public servants |
| Persons expressly covered | Every officer appointed under the Copyright Act |
| Important amendment | Reference to members of the Appellate Board omitted by the Tribunals Reforms Act, 2021 |
| Current criminal-law context | The Bharatiya Nyaya Sanhita, 2023 has been in force from 1 July 2024 and defines "public servant" in section 2(28). |
Why the provision matters
Section 77 clarifies the legal character of officers exercising functions under the Copyright Act. Rather than leaving their status to implication, Parliament expressly deems officers appointed under the Act to be public servants. This is relevant whenever another law attaches rights, duties, protections, liabilities or consequences to the status of a public servant.
Related provisions
Section 76 immediately preceding Section 77 protects actions done or intended to be done in good faith in pursuance of the Copyright Act. Section 78, which follows Section 77, empowers the Central Government to make rules for carrying out the purposes of the Act.
Official legal resources
- India Code - Copyright Act, 1957
- Copyright Office - Chapter XV of the Copyright Act, 1957
- India Code - Bharatiya Nyaya Sanhita, 2023
- Copyright Office - Acts, Rules and online services
This page is intended as a general legal information resource. For a specific dispute, proceeding or compliance question, the current statutory text, applicable amendments and relevant judicial decisions should be examined.