Sections 46 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 46 to 48 say what supports the Register of Copyrights: the indexes kept with it, the public's right to inspect and copy it, and the evidentiary weight of what it contains. Together they explain why a registration entry is useful in a dispute. If you need a certified extract or want to rely on an entry, our copyright registration team can help you obtain and use it.
The Copyright Office keeps such indexes as may be prescribed (s.46). The Register and indexes are open to inspection at all reasonable times, and any person may take copies or extracts on payment of the prescribed fee and subject to prescribed conditions (s.47). The Register is prima facie evidence of the particulars entered, and certified, sealed copies of entries are admissible in all courts without further proof or production of the original (s.48).
Section 46: indexes
"There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed." The section has one sentence and prescribes nothing itself. Rule 72 of the Copyright Rules, 2013 lists the indexes: a general Author Index, a general Title Index, and Author and Title Indexes of works in each language, kept in physical and electronic form for each part of the Register.
Section 47: form and inspection
"The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed."
| Feature | Text of the section |
|---|---|
| Who may inspect | Open to inspection; "any person" may take copies or extracts |
| When | "At all reasonable times" |
| Condition | Payment of the prescribed fee and prescribed conditions |
| What | The Register and the indexes |
Rules 73 and 74 of the Copyright Rules, 2013 deal with inspection (including online inspection), copies and extracts, and a certified copy of entries; the fees are in the Rules' Second Schedule. This article states no fee.
Drafting note: the section heading says "Form and inspection of register", but the text says nothing on form; the form is in section 44 and the Rules.
Section 48: evidentiary value
"The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom, certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original."
Two rules sit in this sentence.
- Prima facie evidence. The entries are accepted as evidence of the particulars entered, until the contrary is shown. The section does not say conclusive.
- Admissibility of certified copies. A copy or extract is admissible if it (a) purports to be a copy of an entry or an extract, (b) is certified by the Registrar, and (c) is sealed with the seal of the Copyright Office. No further proof, and no production of the original, is required.
Example. Farhan Qureshi sues for infringement of his tutorial book and wants to show that he is entered as author and owner. He files a certified extract, sealed by the Copyright Office. The court receives it without asking for the original register. A defendant who says the entry is wrong may seek to displace it; see section 49 for correction and rectification.
What the section does not say
- It does not say that an entry creates copyright. Copyright subsists under section 13 whether or not entered.
- It does not say an unregistered owner cannot sue; the text is silent. Section 48 only addresses evidence.
- It does not say how long an entry lasts or fix a renewal.
Where these sections fit
| Section | Subject | Related |
|---|---|---|
| 44 | The Register | Sections 44–45 |
| 46 | Indexes | Rule 72, Copyright Rules, 2013 |
| 47 | Inspection and copies | Rules 73 and 74 |
| 48 | Prima facie evidence | Courts |
| 49–50A | Correction, rectification, publication | Sections 49–50A |
For the benefits of an entry in practice, see benefits of copyright registration.
Need help getting or relying on a certified extract?
If you want to prove ownership with an entry in the Register, we can help you apply for the extract and prepare it for use in a dispute. Our copyright registration service covers the entry and the supporting papers.
Key takeaways
- Section 46: indexes of the Register are kept as prescribed.
- Section 47: Register and indexes open to inspection at reasonable times; copies and extracts on payment of the prescribed fee.
- Section 48: the Register is prima facie evidence of the particulars entered.
- Certified, sealed copies are admissible in all courts without original.
- Prima facie is not conclusive; entries can be corrected or rectified.
Read next
- Sections 44–45: Register of Copyrights and entries
- Sections 49–50A: correction, rectification and publication of entries
- Copyright registration process: sections 44–50A
- Benefits of copyright registration
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.