Section 63A Copyright Act, 1957

 

Section 63A Copyright Act, 1957: 

 Enhanced penalty on second and subsequent convictions.—Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakhs rupees:2[63A. Enhanced penalty on second and subsequent convictions.—Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakhs rupees\:" Provided that 2[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 judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).

Supreme Court of India Important Judgments And Leading Case Law Related to Section 63A Copyright Act, 1957: 

Bharat Lal Yadav vs State Of U.P. on 10 June, 2021

Dinesh Singhal vs State on 7 January, 2013

Girish Gandhi And Etc. vs Union Of India (Uoi) And Anr. on 27 September, 1996

Ritesh Chawla @ Mantu vs The State on 26 March, 2015

Shyam Singh vs State Rep. By on 4 March, 2016

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