Lawgist63AEnhanced penalty on second and subsequent convictions
1[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 lakh 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).]
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1 Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984).
2 Ins. by Act 38 of 1994, s. 22 (w.e.f. 10-5-1995)
- 63 Offences of infringement of copyright or other rights conferred by this Act
- 63A Enhanced penalty on second and subsequent convictions
- 63B Knowing use of infringing copy of computer programme to be an offence
- 64 Power of police to seize infringing copies
- 65 Possession of plates for purpose of making infringing copies
- 65A Protection of technological measures
- 65B Protection of Rights Management Information
- 66 Disposal of infringing copies or plates for purpose of making infringing copies
- 67 Penalty for making false entries in register, etc., for producing or tendering false entries
- 68 Penalty for making false statements for the purpose of deceiving or influencing any authority or officer
- 68A Penalty for contravention of section 52A
- 69 Offences by companies
- 70 Cognizance of offences
