Copyright infringement offence classification treated as cognizable and non-bailable where punishment extends to three years.

An offence under Section 63 of the Copyright Act, 1957 is classified as cognizable and non-bailable because the prescribed punishment extends to three years. Applying Part II of the First Schedule to the Code of Criminal Procedure, 1973, the maximum term brings the offence within the category of offences punishable with imprisonment of three years and upwards but not more than seven years. The contrary view treating the offence as non-cognizable was found inconsistent with the statutory classification scheme, and the challenge to the FIR and criminal proceedings on that basis failed.

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Issues: Whether the offence under Section 63 of the Copyright Act, 1957 is cognizable and non-bailable, and consequently whether the FIR and the criminal proceedings could be quashed on the footing that the offence was non-cognizable.

Analysis: Section 63 prescribes imprisonment for a term which shall not be less than six months but which may extend to three years, along with fine. Under Part II of the First Schedule to the Code of Criminal Procedure, 1973, offences punishable with imprisonment for three years and upwards but not more than seven years are cognizable and non-bailable, while offences punishable with imprisonment for less than three years or with fine only are non-cognizable. The maximum punishment under Section 63 being three years brings the offence within the cognizable category. The contrary view based on the cited precedent was held inapplicable to the statutory language governing classification of offences.

Conclusion: The offence under Section 63 of the Copyright Act, 1957 is cognizable and non-bailable, and the High Court's contrary view was set aside.

Ratio Decidendi: For purposes of offence classification under the Code of Criminal Procedure, 1973, an offence punishable with imprisonment extending to three years falls within the cognizable and non-bailable category under Part II of the First Schedule.

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