2022 (5) TMI 979 - Supreme Court

Whether section 63 of the Copyright Act is a cognizable or non cognizable offence, bailable or non bailable offence?. Can the Hon'ble High Courts provide a correct interpretation of the aforesaid tricky yet an interpretation that could have significant public ramifications and eventually decide the fate of the entire lis!.

An application was filed under section 156(3) Criminal Procedure Code, 1973 which sought directions from the learned Chief Metropolitan Magistrate for the registration of FIR for the offences under Section 51, 63 & 64 of the Copyright Act read with Section 420 of the IPC. The application was allowed and an FIR was ordered to be registered under the law.

Code of Criminal Procedure, 1973; Part II of First Schedule-If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognisable offence. It being only in a case where the offence is punishable with imprisonment with less than three years or with fine only the offence can be said to be non-cognisable. 

Original accused filed a Writ Petition before the High Court with a prayer to quash the criminal proceedings on various grounds. The sole ground being that the offence under Section 63 of the Copyright Act is not a cognisable and non-bailable offence.

The High Court allowed the said petition and quashed the criminal proceedings.

The Counsel appearing on behalf of the Appellant in the Hon'ble Supreme Court of India contended that the High Court has committed a grave error in observing and holding that the offence punishable under section 63 of the Copyright Act is a non cognisable offence and does not fall within Part II of the First Schedule of the Code of Criminal Procedure, 1973.

Finally, held by the hon'ble apex court that the offence under section 63 of the Copyright Act is a cognisable and non bailable offence and the criminal proceedings be proceeded further in accordance with law and on its own merits treating the same as a cognisable and non bailable offence. 

Thus from the above narrative we can see that a grave miscarriage of justice was timely averted and an apt interpretation was provided to section 63 & 64 of the Copyright Act being cognisable and non bailable by the bench of hon'ble judges MR Shah and Justice BV Nagarathna. 

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2022 (5) TMI 979 - Supreme Court