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For the offence under Section 63 of The Copyright Act, 1957 the punishment provided is imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine. Therefore, the maximum punishment which can be imposed would be 3 years. In view of consideration of Part III, First Schedule, CrPC – if the offence is punishable with imprisonment for 3 years and onwards but not more than 7 years, the offence is a cognizable offence; if the offence is punishable for imprisonment for less than 3 years or with fine only, the offence can be said to be non-cognizable. High Court committed a grave error in holding, the offence under Section 63 of The Copyright Act, 1957 is a non-cognizable offence.
– Hon’ble Justice M.R. Shah, M/s. Knit Pro International v. State of NCT of Delhi, [Criminal Appeal No. 807 of 2022].
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