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Offence of infringement of copyright

Section 63 in The Copyright Act, 1957

63. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringe- ment of-

(a) the copyright in a work, or

(b) any other right conferred by this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lake 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. Explanation.- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

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“The petitioners are also alleged to have committed offences under Section 63 of Copyright Act and Section 65 of IT Act. In the considered opinion of this Court, it would be necessary first to deal with the allegations separately and then deal with the case of the prosecution on the basis of prima facie conclusions. Before doing so, it is necessary to briefly mention about computer and computer source code.”

Syed Asifuddin And Ors. vs The State Of Andhra Pradesh And .

Equivalent citations: 2006 (1) ALD Cri 96, 2005 CriLJ 4314

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Transit Remand meaning:

 Sec.80 of Crpc.Procedure of arrest of person against whom warrant issued.

When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

 

Sec.76 of Crpc. Person arrested to be brought before court without delay.

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person:

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court.

 

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See the Judgment:

“No transit remand as required under section 80 read with section 76 Cr.P.C. was taken by the arresting officer. The petitioner was not produced, after his arrest, before the Magistrate for seeking transit remand as per the provisions contained in section 76 Cr.P.C.”

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P (Cr) (H.B) No. 116 of 2012

Ram Bilash Sahu …. Petitioner versus

1. The Union of India through the Director,

Central Bureau of Investigation(CBI),