Copyright infringement offences: Cognizable or not?

By Aprajita Nigam and Mahima Madan, LexOrbis
0
3094
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Cognizability is one of the various kinds of classifications pertaining to offences. A cognizable offence is one for which a police officer may arrest without warrant. The cognizability of the offence of copyright infringement has been consistently debated and is a matter that the courts have considered in a number of cases. Since no clear picture as to cognizability of the offences is provided under the Copyright Act, 1957, one therefore has to consider the first schedule, part II of the Code of Criminal Procedure, 1973 (CrPc), which divides offences (other than the ones falling under the Indian Penal Code) into following categories.

Aprajita NigamAssociateLexOrbis
Aprajita Nigam
Associate
LexOrbis

Category 1: If punishable with death, imprisonment for life or for more than seven years; cognizable and non-bailable; triable by court of session.

Category 2: If punishable with imprisonment for three years and above but not more than seven years; cognizable and non-bailable; triable by magistrate of the first class.

Category 3: If punishable with imprisonment: less than three years or a fine; non-cognizable and bailable; triable by any magistrate.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Aprajita Nigam and Mahima Madan are associates at LexOrbis.

709/710 Tolstoy House
15-17 Tolstoy Marg
New Delhi – 110 001
India

Mumbai | Bengaluru

Contact details
Tel: +91 11 2371 6565
Fax: +91 11 2371 6556
Email: mail@lexorbis.com
Website: www.lexorbis.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link