of 1984]
Copyright (Amendment)
601
- with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
- Provided that 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 six months or a fine of less than fifty thousand rupees”.
Insertion of new section 63A. 6. After section 63 of the principal Act, the following section shall be inserted, namely:—
- Enhanced penalty on second and subsequent convictions.“63A. 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 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.”.
Amendment of section 64. 7. In section 64 of the principal Act,—
- (a) for sub-section (1), the following sub-section shall be substituted, namely:—
- “(1) Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 62 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.”;
- (b) in sub-section (2),—
- (i) after the words “copies of a work”, the words “, or plates,” shall be inserted;
- (ii) after the words “such copies”, the words “or plates” shall be inserted.
Amendment of section 65. 8. In section 65 of the principal Act, for the words “one year, or with fine, or with both”, the words “two years and shall also be liable to fine” shall be substituted.
