Sections 65 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 65 makes it an offence to knowingly make or possess a plate for the purpose of making infringing copies of a copyright work, punishable with imprisonment up to two years and fine. Section 66 lets the court trying any offence under the Act order infringing copies or plates delivered up to the copyright owner, or otherwise disposed of, whether or not the accused is convicted. If you run a printing or duplication business, legal dispute resolution advice on these two sections is worth having.
Section 65: whoever knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of a work in which copyright subsists is punishable with imprisonment up to two years and shall also be liable to fine. Section 66: the court trying any offence under the Act may, whether or not the alleged offender is convicted, order that infringing copies or plates in his possession be delivered up to the owner of the copyright, or make such other order as it deems fit about their disposal.
Section 65: possession of plates
"Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to two years and shall also be liable to fine."
The words "two years and shall also be liable to fine" were substituted by Act 65 of 1984 (w.e.f. 8-10-1984) for "one year, or with fine or with both", as the footnote states.
| Element | Text |
|---|---|
| Who | "Any person" |
| Mental element | "Knowingly" |
| Act | Makes, or has in his possession, any plate |
| Purpose | For making infringing copies of a work in which copyright subsists |
| Imprisonment | May extend to two years (no minimum stated) |
| Fine | "Shall also be liable to fine" (no amount stated) |
Two features stand out. First, the offence is complete on making or possessing the plate with the purpose; no infringing copy need be made. Second, no minimum term and no fine amount is given, unlike section 63. "Plate" is defined in section 2; see the definitions article.
Example. Satish Printers keeps a set of printing plates made from a publisher's textbook, intending to run unauthorised copies. Section 65 applies to knowing possession for that purpose even if nothing has yet been printed.
Section 66: disposal
"The Court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright or may make such order as it may deem fit regarding the disposal of such copies or plates."
The words "or may make such order as it may deem fit regarding the disposal of such copies or plates" were inserted by Act 27 of 2012 (w.e.f. 21-6-2012).
| Element | Text |
|---|---|
| Court | "The Court trying any offence under this Act" (any offence, not only under section 63) |
| Timing | "Whether the alleged offender is convicted or not" |
| What | All copies of the work or all plates in the possession of the alleged offender which appear to the court to be infringing copies or plates for making them |
| Order | Delivered up to the owner of the copyright, or such order as the court deems fit on disposal |
The test is that the copies or plates "appear to it" to be infringing; the section does not require a finding of guilt. For the owner's civil route to the same goods, see section 58.
Appeal. Section 71 allows an appeal within thirty days against an order under section 66; see sections 71 to 73.
The offences compared
| Section 63 | Section 65 | Section 65A | Section 65B | |
|---|---|---|---|---|
| Conduct | Knowingly infringes or abets | Knowingly makes or possesses plates for infringing copies | Circumvents protection measure with intention to infringe | Removes or alters RMI, etc. |
| Imprisonment | Six months to three years | Up to two years | Up to two years | Up to two years |
| Fine | Rs 50,000 to Rs 2 lakh | Liable to fine | Liable to fine | Liable to fine |
For section 63, see the live article.
What the sections do not say
- Section 65 does not say who may take cognizance or try the offence; see section 70.
- Section 66 does not say what happens to the goods if no order is made on delivery.
- Seizure by police is in section 64.
Need help with plates or seized copies?
If plates or copies have been seized, or you want an order for their delivery up, our legal dispute resolution team can help you prepare the application and the evidence.
Key takeaways
- Section 65 punishes knowing making or possession of a plate for making infringing copies.
- Punishment: imprisonment up to two years and liability to fine.
- Section 66 lets the trying court order delivery up or other disposal, whether or not the accused is convicted.
- The test in section 66 is that the copies or plates "appear" to be infringing.
- Section 71 gives an appeal against a section 66 order.
Read next
- Section 64: power of police to seize infringing copies
- Section 65A: protection of technological measures
- Sections 58–59: infringing copies and works of architecture
- Piracy of copyrighted content: legal remedies in India
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.