Penalty Info

Home / India / Intellectual property offences (copyright and trademark)

Intellectual property offences (copyright and trademark)Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Copyright Act § 63 — knowingly infringing or abetting infringement of copyright in a work, or of any other right under the Act (except § 53A)Possibly — unconfirmed

Imprisonment
6 months–3 years
Fine
₹50,000–₹2,00,000

Minimum 6 months; minimum fine ₹50,000.

Trade Marks Act § 103 — falsifying a trademark; falsely applying a trademark; making / disposing of / possessing instruments for falsifying; applying a false trade description; false indication of origin; causing any of these to be donePossibly — unconfirmed

Imprisonment
6 months–3 years
Fine
₹50,000–₹2,00,000

Minimum 6 months; minimum fine ₹50,000; defence: proves acted without intent to defraud.

Note on this entry

Both sections allow the court, for adequate and special reasons recorded in the judgment, to go below the stated minima where the infringement was not for gain in the course of trade or business (Copyright) / for adequate and special reasons (Trade Marks).

Source

Statute
Copyright Act, 1957 § 63; Trade Marks Act, 1999 § 103
Official source
Indian Kanoon reproduction of the Copyright Act; SS Rana comparison of §§ 63 / 103 (not India Code)
Verification status
India Code could not be read directly; figures corroborated from two independent reproductions. Re-check against India Code before treating as VERIFIED.
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, judicial discretion; civil infringement / damages proceedings. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.