Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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shirish shekhar (Service)     14 January 2010

Section 63 of Copyright Act : Bailable or non-bailable offen

 A arrest made under sec 63 of copyrifht act is what? a bailable offence or non-bailable, please send ur expert openion.



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 10 Replies

Feroz M Shafeeque (Police Officer)     14 January 2010

63. Offence of infringement of copyright or other rights conferred by this Act - Any person who knowingly infringes or abets the infringement of-

(a) The copyright in a work, or

(b) Any other right concerned by this Act [(Note: Ins. by Act 38 of 1994, S.21 (w.e.f. a date to be notified)) except the right conferred by Section 53-A]

[(Note: Subs. by Act 65 of 1984, S.5 (w.e.f. 8-10-1984)) shall be punishable with imprisonment for a term which shall not be less than six months but which may extended to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:

Provided that [(Note: Ins. by Act 38 of 1994, S.21 (w.e.f. a date to be notified)) where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.]

Explanation – Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

The offence is a non bailable one.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     22 January 2010

I agree with Feroz.M.Shafeeque

Adinath@Avinash Patil (advocate)     29 January 2010

THANKS FEROZ FOR DEATAILS.

Adinath@Avinash Patil (advocate)     29 January 2010

THANKS FEROZ FOR DEATAILS.

Gokulakrishnan (ADVOCATE HIGH COURT AND OTHER COURTS IN CHENNAI)     08 April 2011

hi 

mr.Feroz M Shafeeque thank you for your opinion.

 

But how do you substantiate whether the same is bailable or nob-bailable.

 

And what is the reference for that.

 

thanks and regards

Rishi (Advisor)     10 April 2011

I agree,

Even I would like to know

how do you substantiate whether the same is bailable or nob-bailable.

 

And what is the reference for that ,I could not find any reference.

 

Pl. guide

 

thanks and regards


Rishi

chanderKant Tyagi (Consultant)     20 December 2011

kindly see the second shcedule of crpc... 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

The punishment is mere six months or so, should be bailable.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

chanderKant Tyagi (Consultant)     25 December 2011

till now am not see any supreme court judgement in this regard...i have a AP high court judgement ( 2007 crlj 2025) i wich hon'ble court declare this a bailable offence.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

It might as well be bailable till it is over-ruled.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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