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1 - 9 of 9 (0.19 seconds)Section 63 in The Copyright Act, 1957 [Entire Act]
The Copyright Act, 1957
Section 68A in The Copyright Act, 1957 [Entire Act]
The Code of Criminal Procedure, 1973
Gain Singh vs State Of Punjab And Ors on 15 July, 2019
6. The factual matrix discloses that the 2nd
respondent herein has filed a complaint before the 1st
respondent police against the petitioners for violation of
copyright Act. Based upon the complaint, the 1st
respondent police registered FIR in Cr. No. 29/2016
against the petitioners and after thorough investigation,
laid the charge sheet in C.C.No.18721/2017 for the
offences punishable under Sections 51-A, 63, 68, 68-A
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of Copyrights Act, 1957. But both the parties have filed
their compromise petitions seeking for quashment of the
entire criminal proceedings initiated against them for
the aforesaid offences. Though there is no specific
provisions under the aforesaid Act indicating whether
these offences are compoundable or not, but they are
considered to be minor offences as they are punishable
with imprisonment for a period of less than three years.
According to the schedule-II appended to the Cr.P.C.,
they are bailable and non-cognizable in nature.
Therefore, it is relevant to refer the judgment rendered
by the Hon'ble Apex Court in the case of Gain Singh
Vs. State of Punjab reported in (2012) 10 SCC 303
wherein it is held that,
"the matter is purely personal between the
parties and does not involve a serious offence
and even the alleged infringement having
been sorted out between the parties and
given the fact that the offences, at best would
attract punishment of not more than three
9
years, held that it is fit case to record the
compromise and quash the proceedings. "
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 51 in The Copyright Act, 1957 [Entire Act]
Section 8 in The Copyright Act, 1957 [Entire Act]
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