Offence U/S 63 of the Copyright Act is cognizable and Non Bailable – Apex Court
D.D- May 20, 2022.
Question before Apex court (M/s Knit Pro International Vs The State of NCT of Delhi & Anr.) to decide, Whether, the offence under Section 63 of the Copyright Act is a cognizable offence as considered by the Trial Court or a non-cognizable offence.
Appellate moved application Under section 156(3) of Cr.P.C for the registration of FIR against the respondent No.2 / accused of the offences under Sections 51, 63 & 64 of the Copyright Act read with Section 420 of the IPC. By order dated 23.10.2018, the CMM allowed the application and directed the concerned SHO to register the FIR under the appropriate provision of law. That pursuant to the said order, FIR bearing No.431 of 2018 came to be registered with PS Bawana.
Aggrieved respondent no.2 / accused filed the petition before the High Court with a prayer to quash the criminal proceedings on various grounds. Accused prayed to quash the criminal proceedings on the sole ground that the offence under Section 63 of the Copyright Act is not a cognizable and a nonbailable offence. High court quashed the FIR by holding that the offence under Section 63 of the Copyright Act is a non cognizable offence.
Aggrieved appellate approached the apex and contended that High Court has committed a grave error in holding that the offence punishable under Section 63 of the Copyright Act is a non cognizable offence and it does not fall within Part II of the First Schedule of the Cr.P.C .
Apex court held that the punishment for violating Section 63 of the Copyright Act is a period of imprisonment of not less than six months but not more than three years, as well as a fine. As a result, the maximum penalty that can be imposed is three years. As a result, the learned Magistrate may also sentence the offender to three years in prison. In light of this, and in accordance with Part II of the First Schedule of the Cr.P.C., an offence is cognizable if it is punishable by imprisonment for three years or more but not more than seven years. Only in cases where the offence is penalised by less than three years in prison or a fine can the offence be described as non cognizable. Appeal allowed
M/s Knit Pro International
Versus
The State of NCT of Delhi & Anr.
