Section 64 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 64 lets a police officer of the rank of sub-inspector or above seize infringing copies and plates without a warrant when he is satisfied that a section 63 offence has been, is being or is likely to be committed. The seized goods must be produced before a Magistrate, and anyone with an interest in them may apply for restoration within fifteen days. If you are a rights owner or a shop owner facing seizure, legal dispute resolution advice at an early stage matters.
A police officer not below the rank of sub-inspector who is satisfied that a section 63 offence has been, is being or is likely to be committed may seize without warrant all copies of the work and all plates used to make infringing copies, wherever found, and must produce them before a Magistrate as soon as practicable. A person with an interest may apply to the Magistrate within fifteen days of the seizure for restoration. The Magistrate, after hearing the applicant and the complainant, makes such order as he deems fit.
Sub-section (1): the power
Sub-section (1) was substituted by Act 65 of 1984 (w.e.f. 8-10-1984), as the footnote states. It reads: "Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate."
| Element | Text |
|---|---|
| Who | Police officer not below the rank of sub-inspector |
| Condition | He is satisfied that an offence under section 63 in respect of infringement of copyright in a work has been, is being, or is likely to be committed |
| Power | Seize without warrant |
| What | All copies of the work, and all plates used for making infringing copies of the work, "wherever found" |
| Duty after seizure | Copies and plates "shall, as soon as practicable be produced before a Magistrate" |
Points to note:
- The power is tied to section 63 (infringement of copyright or other rights). It does not mention offences under sections 63A, 63B or 65 to 65B. For the basic offence, see criminal penalties under section 63.
- "Likely to be committed" extends the power to anticipated offences.
- The text speaks of "all copies of the work", not only copies that appear infringing. It does not say how the officer is to judge which copies are infringing; the condition is his satisfaction as to the offence.
- "As soon as practicable" is not a fixed number of days.
Sub-section (2): restoration
"Any person having an interest in any copies of a work, or plates seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies, or plates being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit."
| Element | Text |
|---|---|
| Who may apply | Any person having an interest in the copies or plates |
| Time limit | Within fifteen days of the seizure |
| To whom | The Magistrate |
| Procedure | Hearing the applicant and the complainant; such further inquiry as may be necessary |
| Outcome | "Such order ... as he may deem fit" |
The words "or plates" were inserted in sub-section (2) by the 1984 Amendment Act (w.e.f. 8-10-1984). The time limit runs from the seizure, not from production before the Magistrate. The section does not say whether the Magistrate can extend the time.
Appeal. Section 71 allows an appeal against an order under section 64(2) within thirty days of the order; see sections 71 to 73. After the case, the court trying an offence can order disposal under section 66.
Example. Sub-inspector Rane receives a complaint that a stall in a market is selling unauthorised copies of a publisher's textbook. Satisfied that a section 63 offence is being committed, he seizes the stock and the plates found at the stall without a warrant and produces them before the Magistrate. The stall owner, who has an interest in the copies, applies to the Magistrate on the twelfth day for their restoration. The Magistrate hears him and the complainant and makes the order he thinks fit.
Who is affected
| Reader | Practical point |
|---|---|
| Rights owner | Seizure needs the officer's satisfaction; a complaint with proof of ownership supports it |
| Seller or printer | Count fifteen days from seizure and apply for restoration if you have an interest |
| Police | Rank must be sub-inspector or above; production before a Magistrate as soon as practicable |
What the section does not say
- It does not say whether a search without warrant is permitted, only seizure "wherever found".
- It does not state what the Magistrate must consider in a restoration application.
- It does not mention the Code of Criminal Procedure. Where other laws on police powers apply, note that from 1 July 2024 the Code of Criminal Procedure and the Indian Penal Code were replaced by the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Nyaya Sanhita; this article gives no new section numbers.
Need help with a seizure or complaint?
If you want a seizure under section 64 or need to apply for the restoration of copies already seized, our legal dispute resolution team can prepare the complaint or the application within the fifteen days.
Key takeaways
- Seizure without warrant by a sub-inspector or above on satisfaction about a section 63 offence.
- All copies of the work and plates, wherever found.
- Produce before a Magistrate as soon as practicable.
- Interested persons may apply for restoration within fifteen days of seizure.
- Order of the Magistrate can be appealed under section 71.
Read next
- Sections 65–66: possession of plates and disposal of infringing copies
- Sections 71–73: appeals against Magistrate and Registrar orders
- Section 63B: knowing use of infringing computer programme
- 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.