Sections 74 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 74 gives the Registrar of Copyrights the powers of a civil court in certain matters, such as summoning witnesses and receiving affidavit evidence. Section 75 makes an order for payment of money executable as a decree of a civil court once the proper certificate is issued. Both sections originally paired the Registrar with the Appellate Board; the Tribunals Reforms Act, 2021 removes the Appellate Board. If you appear before the Registrar, an objection reply prepared with these powers in mind helps.
When trying a matter, the Registrar of Copyrights has the powers of a civil court under the Code of Civil Procedure, 1908 for: summoning and examining on oath, discovery and production of documents, evidence on affidavits, commissions, requisitioning public records, and any other prescribed matter. The Registrar's jurisdiction for enforcing attendance of witnesses is the whole territory of India. An order for payment of money is deemed a decree and executable as such on a certificate.
The 2021 change
Sections 74 and 75 are in the Tribunals Reforms Act, 2021 list: clause (j) of its Chapter V provides that "in sections 74 and 75, the words 'and the Appellate Board', wherever they occur, shall be omitted". The printed text of both sections names the Registrar of Copyrights "and the Appellate Board" (the Appellate Board having replaced the "Copyright Board" by Act 7 of 2017). Before the Tribunals Reforms Act, 2021 this read "Appellate Board".
A wording mismatch to note. In the printed text, some references read "or the Appellate Board" rather than "and the Appellate Board" (for example in the Explanation to section 74 and in section 75). The 2021 clause speaks only of "and the Appellate Board". The evident effect, which this article follows, is that the Appellate Board drops out of both sections and the Registrar and, in section 75, the High Court remain. Check the official consolidated text for the exact wording.
Section 74: powers of a civil court
As it now stands, section 74 gives the Registrar of Copyrights "the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely,—"
| Clause | Matter |
|---|---|
| (a) | Summoning and enforcing the attendance of any person and examining him on oath |
| (b) | Requiring the discovery and production of any document |
| (c) | Receiving evidence on affidavits |
| (d) | Issuing commissions for the examination of witnesses or documents |
| (e) | Requisitioning any public record or copy thereof from any court or office |
| (f) | Any other matter which may be prescribed |
Explanation. "For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights ... shall be the limits of the territory of India." A witness anywhere in India may therefore be summoned.
Points from the text:
- The powers are those of a civil court "when trying a suit" under the Code of Civil Procedure, and only "in respect of the following matters". The section does not give the Registrar every power of a civil court.
- Clause (f) refers to "any other matter which may be prescribed". Section 78(2)(f) lets the Central Government prescribe such matters by rules. The Copyright Rules, 2013 would be the place to look; this article names no rule.
- Under the 2021 definition of "prescribed" in section 2(u), "prescribed" in proceedings before a High Court means prescribed by High Court rules; in other cases it means prescribed by rules under the Act.
Section 75: money orders as decrees
As amended, section 75 provides that every order made by the Registrar of Copyrights under the Act for the payment of any money, or by the High Court in any appeal against any such order, "shall, on a certificate issued by the Registrar of Copyrights ... or the Registrar of the High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court."
| Element | Text |
|---|---|
| Orders covered | An order for payment of money by the Registrar of Copyrights under the Act, or by the High Court in an appeal against such an order |
| Trigger | A certificate issued by the Registrar of Copyrights or the Registrar of the High Court, as the case may be |
| Effect | Deemed a decree of a civil court; executable as such a decree |
The printed section also mentions the Appellate Board as an issuer of orders and certificates; after the 2021 Act those references are not part of the section. The text does not say when the certificate may be issued, or in what form.
Example. The Registrar of Copyrights orders a party to pay a sum under an order made under the Act. On application, the Registrar issues a certificate. The order is then deemed a decree of a civil court, and the receiving party can execute it as one. If the order was varied by the High Court in an appeal, the certificate comes from the Registrar of the High Court. Appeals are in section 72.
Where the Registrar acts
| Subject | Section |
|---|---|
| Registering copyright and correcting entries | Sections 44 to 50A |
| Registrar's office | Sections 9 and 10 |
| Procedure before Registrar | Rules under section 78(2)(c) |
| Powers of civil court | Section 74 |
| Money orders | Section 75 |
What the sections do not say
- They do not list the matters that may be prescribed under clause (f).
- They do not say what a "money order" may be for; they refer to orders "under this Act for the payment of any money".
- They do not set a time for issuing the certificate under section 75.
Need help before the Registrar?
If a Registrar has called you to a hearing or you must reply to an objection with documents and affidavits, our objection reply service can help you prepare the evidence the Registrar may require.
Key takeaways
- Section 74 gives the Registrar of Copyrights specified powers of a civil court, including summoning, discovery, affidavits and commissions.
- For witnesses, the Registrar's jurisdiction extends over the territory of India.
- Section 75 makes a money order executable as a decree, on a certificate.
- The Tribunals Reforms Act, 2021 omits the Appellate Board from both sections; before that Act the text read "Appellate Board".
Read next
- Sections 71–73: appeals against Magistrate and Registrar orders
- Sections 76–78: good faith, public servants and power to make rules
- Sections 9–10: Copyright Office and Registrar of Copyrights
- Sections 49–50A: correction, rectification and publication of entries
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.