Sections 51 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.
These four short sections close Chapter VIII on offences. Section 51 lets a criminal court award costs either way. Section 52 sets the limitation for starting a prosecution: three years from the offence or two years from its discovery, whichever expires first. Section 53 protects a Government officer from being compelled to reveal a source. Section 54 allows trial in India of a person who abets, from India, an act done abroad that would be an offence here. For a rights holder deciding when to file, or an accused checking whether time has run out, our legal consultation team can work through the dates.
Section 51: in a prosecution under the Act the court may order costs to be paid by the accused to the complainant or by the complainant to the accused, recoverable as if they were a fine. Section 52: no prosecution after three years from the offence or two years after discovery by the prosecutor, whichever expires first. Section 53: an enforcing Government officer cannot be compelled to say whence he got information. Section 54: a person in India who abets an act done outside India that would be an offence here may be tried anywhere in India where he is found.
Status after the amending Acts
None of sections 51 to 54 is on the Tribunals Reforms Act, 2021 list or changed by the Jan Vishwas (Amendment of Provisions) Act, 2023, so the printed text is current. They apply to offences tried by a court. The Jan Vishwas Act's penalties decided by an adjudicating officer under section 37A are not mentioned in these four sections, and the text does not say whether the section 52 limitation applies to them.
Section 51: costs of defence of prosecution
"In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct of the parties and the costs so awarded shall be recoverable as if they were a fine."
- Two-way: costs may be ordered against the accused or against the complainant.
- Test: what the court considers reasonable, having regard to the circumstances and the conduct of the parties.
- Recovery: as if the costs were a fine.
- Discretion: "may", not "shall".
The text fixes no scale and no ceiling. A complainant who files a weak or vexatious case risks costs; an accused who delays risks them too.
Section 52: limitation of prosecution
"No prosecution for an offence under this Act shall be commenced after the expiration of three years next after the commission of the offence charged or two years after the discovery thereof by the prosecutor, whichever expiration first happens."
| Measure | Period | Starts from |
|---|---|---|
| Outer limit | Three years | The commission of the offence |
| Discovery limit | Two years | Discovery of the offence by the prosecutor |
| Which applies | Whichever expiration first happens |
Example 1. An offence is committed on 1 January 2030 and the prosecutor discovers it on 1 June 2030. Two years from discovery ends on 1 June 2032; three years from commission ends on 1 January 2033. The earlier date is 1 June 2032, so the discovery limit applies and the prosecution must begin before it.
Example 2. If the prosecutor discovers the offence only two and a half years after it was committed, three years from commission ends in six months, which is earlier than two years from discovery. The commission limit applies, so the prosecutor has six months left.
The section says nothing about condoning delay and has no extension clause. It counts "commencement" of prosecution, not the date of the offence report. It also does not say whether "prosecutor" means the complainant, the Registrar, or the police; the word is used without definition. Section 50 shows that the Registrar or an authorised officer is the complainant for some offences, and the article on section 50 explains that.
Section 53: information as to commission of offence
"An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act."
- Who: a Government officer whose duty is to take part in enforcing "this Chapter" (Chapter VIII).
- What is protected: the source of information about an offence.
- Where: in any court.
- Effect: the officer cannot be compelled to reveal the source.
The protection is for the officer's source, and it is not a bar on the court looking at the underlying evidence. The text does not say whether the officer may choose to disclose.
Section 54: abetment in India of acts done out of India
"If any person, being within India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetement in any place in India in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted."
| Condition | Text |
|---|---|
| Where the abettor is | Within India |
| Where the act is done | Outside India |
| Test | The act would be an offence under this Act if committed in India |
| Where tried | Any place in India in which he may be found |
| Punishment | The same as if he had himself committed the act in that place |
So an Indian resident who arranges for counterfeit packaging of an Indian indication to be printed abroad is exposed to the punishment for the offence itself, for example under section 39, if the act would be an offence here. The printed text spells the word "abetement"; that is a spelling slip in the original. The Act does not define abetment. The Indian Penal Code is not named in this section.
Quick reference
| Section | Subject | Core rule |
|---|---|---|
| 51 | Costs | Court may award costs either way; recoverable as a fine |
| 52 | Limitation | Three years from offence or two years from discovery, whichever is first |
| 53 | Informants | Officer not compellable to say whence he got information |
| 54 | Abetment from India | Tried where found; same punishment as the abetted act |
What the sections do not say
- Section 51 fixes no amount and does not say when costs must be decided.
- Section 52 has no provision to extend time and does not say what counts as discovery.
- Section 53 does not apply to private complainants; it speaks of a Government officer.
- Section 54 does not name the courts competent to try the abettor beyond "any place in India in which he may be found".
Practical points
- Diary both limitation dates the day an offence comes to light, and file before the earlier one.
- Keep dated evidence of when the offence was discovered; the two-year limit runs from it.
- Weigh the costs risk under section 51 before filing a marginal complaint.
- For cross-border schemes, document who in India instructed the work abroad.
Need help deciding when and whether to prosecute?
Limitation under section 52 runs on two clocks at once, and costs under section 51 can go either way. Our legal consultation team can plot the dates, assess the strength of the case and advise on the risk before a complaint is filed or answered.
Key takeaways
- Section 51: costs in a prosecution may be ordered either way and are recoverable as if a fine.
- Section 52: three years from the offence or two years from discovery, whichever expires first.
- Section 53: a Government enforcement officer need not reveal the source of information.
- Section 54: abetment from India of an act abroad that would be an offence here is triable in India, with the same punishment.
Read next
- Section 50: cognizance and police search and seizure
- Section 49: offences by companies
- Sections 45–46: no offence in certain cases and forfeiture of goods
- Infringement of geographical indication: penalties
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.