M/s Knit Pro International v. State of NCT of Delhi & Anr.

Brief facts

The appellant's complaint led to FIR No. 431 of 2018 for offences under Sections 63 and 65 of the Copyright Act, 1957. The Delhi High Court, by judgment dated 25 November 2019 in W.P.(Crl.) No. 3422 of 2018, quashed the FIR on the basis that the offence under Section 63 was non-cognizable. The complainant appealed.

Issues before the Court

Whether the offence under Section 63 of the Copyright Act, 1957 is cognizable.

Court's findings

Section 63 provides for imprisonment that may extend to three years, so the maximum sentence that can be imposed is three years. Under Part II of the First Schedule to the Code of Criminal Procedure, an offence punishable with imprisonment for three years and upwards but not more than seven years is cognizable; only an offence punishable with less than three years or with fine only is non-cognizable (para 5). The High Court therefore erred in treating the offence as non-cognizable and quashing the FIR (para 6).

Decision

Appeal allowed. The offence under Section 63 was held to be cognizable and non-bailable; the High Court's judgment was set aside and the criminal proceedings under Sections 63 and 64 were directed to proceed in accordance with law.

Important paragraph references

Para 5: classification under Part II of the First Schedule, CrPC; paras 6-7: conclusion.

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