Copyright infringement offences: Cognizable or not?

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.

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.

Aprajita Nigam and Mahima Madan are associates at LexOrbis.