Section 63B 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 63B makes it an offence to knowingly make use, on a computer, of an infringing copy of a computer programme. The punishment is imprisonment of not less than seven days, extending to three years, and fine of not less than fifty thousand rupees, extending to two lakh rupees. A proviso lets the court avoid jail and impose a fine of up to fifty thousand rupees where the programme was not used for gain or in the course of trade or business. Companies using software should check licences against this section; our legal dispute resolution team can help with a notice or a case.
Any person who knowingly makes use, on a computer, of an infringing copy of a computer programme is punishable with imprisonment of at least seven days and up to three years, and fine of at least Rs 50,000 and up to Rs 2 lakh. Where the programme was not used for gain or in the course of trade or business, the court may, for adequate and special reasons recorded in the judgment, not impose any imprisonment and impose a fine up to Rs 50,000.
The text
"Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees".
The section was inserted by Act 38 of 1994 (w.e.f. 10-5-1995), as the footnote states.
| Element | Text |
|---|---|
| Who | "Any person" |
| Act | Makes use on a computer of an infringing copy of a computer programme |
| Mental element | "Knowingly" |
| Imprisonment | Not less than seven days; up to three years |
| Fine | Not less than Rs 50,000; up to Rs 2,00,000 |
| Combination | "and": imprisonment and fine |
Points from the text:
- The offence is about use on a computer, not about making or selling copies, which section 63 covers.
- "Knowingly" is the key word. The section does not define it; use without knowledge that the copy is infringing is outside the words.
- "Infringing copy" and "computer programme" have meanings in section 2; see the definitions article and copyright in computer programs and databases.
The proviso
"Provided that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees."
| Main rule | Under the proviso | |
|---|---|---|
| Imprisonment | At least seven days | Court may impose none |
| Fine | At least Rs 50,000 | May extend to Rs 50,000 (no minimum stated) |
| Condition | Knowing use | Not used for gain or in the course of trade or business |
| Safeguard | None | Adequate and special reasons recorded in the judgment |
The proviso says "may": it is for the court. It also says "for gain or in the course of trade or business", so a use of the programme in a business, even without separate gain, is outside the proviso on its words.
Compared with section 63 and section 63A
| Section 63 | Section 63A | Section 63B | |
|---|---|---|---|
| Conduct | Knowingly infringes or abets infringement | Repeat conviction under s.63 | Knowingly uses an infringing copy of a computer programme on a computer |
| Minimum imprisonment | Six months | One year | Seven days |
| Maximum imprisonment | Three years | Three years | Three years |
| Fine | Rs 50,000 to Rs 2 lakh | Rs 1 lakh to Rs 2 lakh | Rs 50,000 to Rs 2 lakh |
| Relief below minimum | Not for gain in course of trade or business | Same | Not used for gain or in course of trade or business; no imprisonment, fine up to Rs 50,000 |
See section 63A for the repeat-offender scale.
Example. A design firm, Brightline Studio, installs a cracked copy of a design application on its office computers, knowing the licence was never bought. Section 63B applies to the use. Because the use is in the course of trade or business, the proviso's relief is not available on its words. By contrast, a student who knowingly runs a pirated copy of a programme at home, with no gain and no business purpose, could ask the court, for adequate and special reasons recorded in the judgment, to impose only a fine of up to Rs 50,000. Companies and their officers are dealt with by section 69.
What the section does not say
- It does not say how "knowledge" is to be proved.
- It does not say whether a licence breach (use beyond licensed seats) makes a copy "infringing"; the text uses only "infringing copy".
- It does not say anything about the exceptions in section 52 for computer programmes; for those, see exceptions to copyright infringement.
- It does not mention civil remedies; those are in sections 54 and 55.
Need help with software licence exposure?
If a vendor or association has written to you about unlicensed software, or you want to audit your installations, our legal dispute resolution team can assess the position and reply. For software ownership, see also copyright registration for software.
Key takeaways
- Section 63B punishes knowing use on a computer of an infringing copy of a computer programme.
- Imprisonment of seven days to three years and fine of Rs 50,000 to Rs 2 lakh, both.
- The court may, for adequate and special reasons recorded, impose no imprisonment and a fine up to Rs 50,000 where the programme was not used for gain or in the course of trade or business.
- The section turns on the word "knowingly".
- Business use falls outside the proviso on its words.
Read next
- Section 63A: enhanced penalty on second conviction
- Sections 69–70: offences by companies and cognizance
- Copyright in computer programs and databases
- Criminal penalties for copyright infringement: section 63
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.