Section 63A 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.
Section 63A raises the minimum punishment for a person who has already been convicted of an offence under section 63 and is convicted again. The minimum imprisonment goes from six months to one year, and the minimum fine from fifty thousand to one lakh rupees. A proviso lets the court go below the minimum for adequate and special reasons if the infringement was not for gain in the course of trade or business. The basic offence is covered in criminal penalties for copyright infringement under section 63. For a prosecution or defence, legal dispute resolution support is advisable.
A person already convicted under section 63 who is convicted again of any such offence is punishable, for the second and every subsequent offence, with imprisonment of not less than one year, extending to three years, and fine of not less than Rs 1 lakh, extending to Rs 2 lakh. If the infringement was not for gain in the course of trade or business, the court may, for adequate and special reasons recorded in the judgment, go below those minimums. Convictions before the commencement of the 1984 Amendment Act are not counted.
The text
"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".
The section was inserted by the 1984 Amendment Act (w.e.f. 8-10-1984). The printed footnote calls it "Act 65 of 1994", which is a typing slip for 1984; the date given, 8-10-1984, matches the Copyright (Amendment) Act, 1984 (65 of 1984), which the second proviso names. Check the official text.
First, second and later convictions compared
| First conviction (s.63) | Second and subsequent (s.63A) | |
|---|---|---|
| Minimum imprisonment | Six months | One year |
| Maximum imprisonment | Three years | Three years |
| Minimum fine | Rs 50,000 | Rs 1,00,000 |
| Maximum fine | Rs 2,00,000 | Rs 2,00,000 |
| Imprisonment and fine | "and": both | "and": both |
| Court may go below minimum | If not for gain in the course of trade or business, for adequate and special reasons | Same condition and same requirement |
The maximum term and maximum fine are unchanged; only the minimums rise. Section 63 itself is set out in the live article and not repeated here.
The first proviso: going below the minimum
"Provided that 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".
Three conditions appear together:
- The infringement was not made for gain in the course of trade or business.
- The court has adequate and special reasons.
- Those reasons are mentioned in the judgment.
The words "for gain in the course of trade or business" were inserted in this proviso by Act 38 of 1994 (w.e.f. 10-5-1995). The proviso says the court "may" impose a lesser sentence; it is not an obligation.
The second proviso: the 1984 cut-off
"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)." A conviction before that Act came into force does not count as the earlier conviction that triggers section 63A. The text names the Act but does not state its commencement date in this proviso; the footnote to the section gives 8-10-1984.
Example. Anil Chauhan is convicted under section 63 for selling pirated DVDs from his shop. Years later he is convicted again for the same kind of conduct. For the second conviction, section 63A applies: imprisonment of at least one year, up to three years, and fine of at least Rs 1 lakh, up to Rs 2 lakh. If the court finds the second infringement was not for gain in the course of trade or business (for instance, a one-off copy for a friend) and records adequate and special reasons, it may impose less. Had Anil's first conviction been before the 1984 Amendment Act commenced, it would not count.
What the section does not say
- It does not say how the earlier conviction must be proved.
- It does not say whether the earlier and later offences must relate to the same work or the same kind of conduct; the words are "any such offence".
- It does not apply to offences under sections 63B, 65, 65A, 65B and others on its face; it refers only to an offence under section 63.
- It does not alter who may try the offence; see section 70.
For the software-use offence, which has its own scale, see section 63B.
Need help in a criminal copyright matter?
A repeat conviction raises the minimum sentence, so how an earlier case was concluded matters. Our legal dispute resolution team can examine the earlier record and the current charge with you.
Key takeaways
- Section 63A applies on a second or later conviction after an earlier conviction under section 63.
- Minimum one year and Rs 1 lakh; maximum three years and Rs 2 lakh; imprisonment and fine both.
- The court may go below the minimum only if the infringement was not for gain in the course of trade or business, and only for adequate and special reasons recorded in the judgment.
- Convictions before the 1984 Amendment Act commenced are not counted.
Read next
- Section 63B: knowing use of infringing computer programme
- Section 64: power of police to seize infringing copies
- Criminal penalties for copyright infringement: section 63
- How to file a copyright infringement complaint
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.