(Chapter III—Penalties. Chapter IV—Miscellaneous.)
Punishment on second conviction. 9. If any person, after having been previously-convicted of an offence punishable under section 7 or section 8 is subsequently convicted of an offence punishable under either of these sections, he shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Power of Court to dispose of infringing copies or plates for purpose of making infringing copies. 10. (1) The Court before which any offence under this Chapter is tried may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies,be destroyed or delivered up to the owner of the copyright, or otherwise dealt with as the Court may think fit.
(2) Any person affected by an order under sub-section (1) may, within thirty days of the date of such order, appeal to the Court to which appeals from the Court making the order ordinarily lie; and such appellate Court may direct that execution of the order be stayed pending consideration of the appeal.
Cognizance of offences.
11. No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence against this Act.
Saving in case of infringement by construction of building. 12. The provisions of this Chapter shall not apply to any case to which section 9 of the Copyright Act, regarding the restrictions on remedies in the case of a work of architecture, applies.
CHAPTER IV.
Miscellaneous.
Courts having civil jurisdiction regarding infringement of copyright, 13. Every suit or other civil proceeding regardinginfringement of copyright shall be instituted and tried in the High Court or the Court of the District Judge.
