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Sections 71–73 of the Copyright Act, 1957: Appeals Against Magistrate and Registrar Orders

Section 71: an appeal lies within thirty days of an order under section 64(2) or section 66, to the court to which appeals ordinarily lie, which may stay execution. Section 72 (as...

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October 1, 2026
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Last updated: October 2026Verified against: Government sources

Chapter XIV has three sections. Section 71 allows an appeal within thirty days against a Magistrate's order on restoration of seized copies or on disposal of infringing copies. Section 72 allows an appeal within three months against a final decision or order of the Registrar of Copyrights, and since the Tribunals Reforms Act, 2021 that appeal goes to the High Court. Section 73 lets the High Court make rules of procedure for such appeals. For an appeal, legal dispute resolution support is advisable, since time limits are short.

Section 71: appeals against Magistrate's orders

"Any person aggrieved by an order made under sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order, appeal to the Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal."

ElementText
Orders coveredOrder under section 64(2) (restoration of seized copies or plates) or section 66 (delivery up or disposal)
WhoAny person aggrieved
TimeWithin thirty days of the date of the order
ForumThe court to which appeals from the court making the order ordinarily lie
InterimThe appellate court may direct that execution be stayed

The section gives no provision for excluding time for a certified copy; sub-section (3) of section 72 does that only for appeals under section 72.

Section 72: appeals against Registrar's orders

What the 2021 Act did

The printed section 72 had a two-step structure: an appeal from the Registrar to the Appellate Board, and a further appeal from the Appellate Board to the High Court. The Tribunals Reforms Act, 2021, clause (i) of its Chapter V amendments, substitutes the whole section. Before the Tribunals Reforms Act, 2021 this read "Appellate Board" in the heading and in sub-sections (1), (2) and the proviso. The current section, as the 2021 Act prints it, is:

"72. Appeals against orders of Registrar of Copyrights.— (1) Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court.

(2) Every such appeal shall be heard by a single Judge of the High Court: Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a Bench of the High Court.

(3) Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court within three months from the date of decision or order of the single Judge.

(4) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded."

Reading the new section

Sub-sectionRule
(1)Appeal to the High Court; within three months of the order or decision; against a final decision or order of the Registrar
(2)Heard by a single Judge; the Judge may refer the appeal to a Bench at any stage
(3)Further appeal to a Bench within three months of the single Judge's decision or order
(4)Time taken to obtain a certified copy is excluded from the three months

Compared with the old section, the intermediate step before the Appellate Board is gone, and the old rule that the High Court to be approached is the one where the appellant resides or works, and the proviso that no appeal lay against a decision under section 6, do not appear in the new text. The text does not say whether any other forum limits are intended; do not assume.

Example. The Registrar of Copyrights passes a final order refusing to enter a musical work in the Register after hearing the applicant. Aarav Mishra, the applicant, receives the order on 3 March and applies for a certified copy, receiving it on 20 March. He appeals to the High Court within three months, and the 17 days taken to obtain the certified copy are excluded in counting. The appeal is heard by a single Judge. If the single Judge decides against him, he may take a further appeal to a Bench within three months of that decision. The Registrar's powers are in sections 74 and 75.

Section 73: High Court rules

"The High Court may make rules consistent with this Act as to the procedure to be followed in respect of appeals made to it under section 72." Section 73 is not mentioned in the Tribunals Reforms Act, 2021 list and is unchanged. It refers to "appeals made to it under section 72", which suits the substituted section. Under the 2021 definition of "prescribed" in section 2(u), in relation to proceedings before a High Court, "prescribed" means prescribed by rules made by the High Court.

Appeals under Chapter XIV compared

Section 71Section 72 (as substituted)
Order appealedMagistrate's order under s.64(2) or s.66Registrar's final decision or order
Time30 days3 months (certified copy time excluded)
ForumCourt to which appeals ordinarily lieHigh Court (single Judge; further appeal to Bench)
StayAppellate court may stay executionNot mentioned

For rectification of the Register by the High Court, see sections 49 to 50A.

Need help with an appeal?

A short limitation and a changed forum make timing critical. If you want to challenge a Registrar's order or a Magistrate's order on seized goods, our legal dispute resolution team can plan the appeal and prepare the papers.

Key takeaways

  • Section 71: 30-day appeal against Magistrate orders under section 64(2) or section 66; stay of execution possible.
  • Section 72 now sends appeals from the Registrar of Copyrights to the High Court within three months.
  • A single Judge hears the appeal and may refer it to a Bench; a further appeal lies to a Bench within three months.
  • Time taken to obtain a certified copy is excluded.
  • Section 73 lets the High Court make procedure rules.
  • Before the Tribunals Reforms Act, 2021 the first appeal went to the Appellate Board.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Sections 71

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

How long do I have to appeal a Registrar's order?

Three months from the date of the order or decision, excluding time taken to get a certified copy.

Which court hears it?

The High Court, by a single Judge, who may refer it to a Bench.

What is not written down will be remembered differently by everyone involved.

— TaxClue Compliance Desk

Sections 71: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Three months from the date of the order or decision, excluding time taken to get a certified copy.

The High Court, by a single Judge, who may refer it to a Bench.

Yes. A further appeal lies to a Bench of the High Court within three months.

Section 71 gives thirty days to appeal to the court to which appeals ordinarily lie.

The Tribunals Reforms Act, 2021 replaced it in this section with the High Court; before that Act the section read "Appellate Board".

The High Court, under section 73.