Copyright Act, 1957
63-A. [(Note: Ins. by Act 65 of 1984, S.6 (w.e.f.
8-10-1984)) 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 lakhs rupees.
Provided that [(Note: Ins. by Act 38 of 1994,
S.22 (w.e.f. a date to be notified)) where the infringement has not been
made for again 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 purpose of this
section, no cognizance shall be taken of any conviction made before the
commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]