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 4
[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
1
Ins. by Act 38 of 1994, s. 21 (w.e.f 10-05-1995).
2 Subs. by Act 65 of 1984, s. 5, for certain words (w.e.f. 08-10-1984)
3
Ins. by Act 65 of 1994, s.6 (w.e.f 8-10-1984)
4
Ins. by Act 38 of 1994, s. 22 (w.e.f 10-05-1995)
made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]
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