[SC] Copyright Act, 1957 , S. 63 and 65 – Offence under Section 63 of Copyright Act is a cognizable and non-bailable offence – Offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine – Therefore, the maximum punishment which can be imposed would be three years – Therefore, the learned Magistrate may sentence the accused for a period of three years also. – In that view of the matter considering Part-II of the First Schedule of the Cr.P.C. if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence – Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be non-cognizable – Cr.P.C. First Schedule , Part-II.
2022 SCeJ 0604 , 2022 PLRonline 1506
