1[63A. Enhanced penalty on second and subsequent convictions.-- 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).]
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).]
Source footnotes
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)
आगे पढ़ें / Continue reading
Explore the next section or browse this act in the selected language.
Next · Section 63BKnowing use of infringing copy of computer programme to be an offence. →All sections / सभी धाराएँThe Copyright Act, 1957 →
More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Interpretation.Section 3 · Meaning of publication.Section 4 · When work not deemed to be published or performed in public.Section 5 · When work deemed to be first published in India.Section 6 · Certain disputes to be decided by Commercial Court.Section 7 · Nationality of author where the making of unpublished work is extended over considerable period.Section 8 · Domicile of Corporations.India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.