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Union of India - Section

Section 6AB in The Cinematograph (Amendment) Act, 2023.

6AB. Prohibition of unauthorised exhibition of films.

No person shall use or abet the use of an infringing copy of any film to exhibit to the public for profit—
(a)at a place of exhibition which has not been licensed under this Act or the rules made thereunder; or
(b)in a manner that amounts to the infringement of copyright under the provisions of the Copyright Act, 1957 or any other law for the time being in force.’.

9. Amendment of section 7.

In section 7 of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely:
(1A)Save as otherwise provided in section 52 of the Copyright Act, 1957, if any person contravenes the provisions of section 6AA or section 6AB, he shall be punishable with imprisonment for a term which shall not be less than three months, but may extend to three years and with a fine which shall not be less than three lakh rupees but may extend to five per cent. of the audited gross production cost.
(1B)Notwithstanding anything contained in this section—
(i)a person aggrieved by a contravention under section 6AA or section 6AB shall not be prevented from taking suitable action for an infringement under section 51 of the Copyright Act, 1957 or from taking suitable action for computer related offences under section 66 of the Information Technology Act, 2000 or any other relevant laws for the time being in force;
(ii)the appropriate Government or its agencies shall not be prevented from taking suitable action against an intermediary as defined under clause (w) of sub-section (1) of section 2 of the Information TechnologyAct, 2000, where such intermediary acts in the manner as set out under sub-section (3) of section 79 of the said Act or any other law for the time being in force.Explanation.—For the purposes of this sub-section, the expression“appropriate Government” shall have the same meaning as assigned to it in clause (e) of sub-section (1) of section 2 of the Information Technology Act, 2000.’.

10. Amendment of section 8.

In section 8 of the principal Act, in sub-section (2), for clause (c), the following clauses shall be substituted, namely:—“(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4;
(ca)the manner of examination of film under sub-section (2) of section 4;
(cb)the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4.