Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that 2[where the infringement has not been made for gain in the course of trade or business] 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 one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no
cognizance shall be taken of any conviction made before the commencement of
the Copyright (Amendment) Act, 1984 (65 of 1984).
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1 Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984).
2 Ins. by Act 38 of 1994, s. 22 (w.e.f. 10-5-1995).
Section 61 of Copy Right Act - Owner of copyright to be party to the proceeding
Section 62 of Copy Right Act - Jurisdiction of court over matters arising under this Chapter
Section 63A of Copy Right Act - Enhanced penalty on second and subsequent convictions
Section 64 of Copy Right Act - Power of police to seize infringing copies
Section 65 of Copy Right Act - Possession of plates for purpose of making infringing copies
Section 65A of Copy Right Act - Protection of technological measures
Section 65B of Copy Right Act - Protection of Rights Management Information
Section 68A of Copy Right Act - Penalty for contravention of section 52A
Section 69 of Copy Right Act - Offences by companies
Section 70 of Copy Right Act - Cognizance of offences