COPYRIGHT INFRINGEMENT REMEDIES: COMPARATIVE ANALYSIS OF NEW CRIMINAL CODES

COPYRIGHT INFRINGEMENT REMEDIES: COMPARATIVE ANALYSIS OF NEW CRIMINAL CODES

                                                                                                                              -Rishiraj Chandan

 

THE BHARATIYA NYAYA SANHITA, 2023 (REPELS: INDIAN PENAL CODE,1860)
Indian Penal Code, 1860	The Bhartiya Nyaya Sanhita, 2023	Changes Observed
Section 34: Acts done by several persons in furtherance of common intention —When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.	Section 3 (5): When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.	Section is included as sub- section in BNS sans heading. No other change.
Section 120B: Punishment of criminal conspiracy — (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 1 [imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment        of        either description   for   a   term   not	Section 61 (2): Whoever is a party to a criminal conspiracy,–– (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not	IPC section is included as sub- section in BNS, sans heading.

exceeding six months, or with fine or with both.]	exceeding six months, or with fine or with both.
Section 336: Act endangering	Section 125: Whoever does	Fine is increased from rupees
life or personal safety of others	any     act     so          rashly        or	two hundred and fifty to two
—Whoever does   any   act   so	negligently as to endanger	thousand five hundred.
rashly    or    negligently             as   to	human life or the personal
endanger human   life   or   the	safety of   others,   shall   be
personal safety of others, shall be	punished with imprisonment
punished with imprisonment of	of either description for a
either description for a term	term which may extend to
which may   extend   to   three	three months or with fine
months or with fine which may	which may extend to two
extend to two hundred and fifty	thousand five hundred rupees,
rupees, or with both.	or with both, but— (a) where
	hurt    is    caused,         shall             be
	punished with imprisonment
	of either description for a
	term which may extend to six
	months, or with fine which
	may extend to five thousand
	rupees, or   with   both;   (b)
	where grievous hurt is caused,
	shall     be    punished            with
	imprisonment      of                          either
	description for a term which
	may extend to three years, or
	with fine which may extend to
	ten thousand rupees, or with
	both.
Section       411:                  Dishonestly	Section 317 (2): Whoever	IPC Section is included as sub-
receiving stolen   property.   —	dishonestly receives or retains	section in BNS sans heading.
Whoever dishonestly receives or	any stolen property, knowing
retains    any    stolen              property,	or having reason to believe
knowing or having reason to	the same to be stolen property,
believe the same to be stolen	shall     be    punished            with
property, shall be punished with	imprisonment      of                          either

imprisonment of either description for a term which may extend to three years, or with fine, or with both.	description for a term which may extend to three years, or with fine, or with both.
Section 413: Habitually dealing in stolen property — Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.	Section 317 (4): Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.	Exact Replica
Section 420: Cheating and dishonestly inducing delivery of property —Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.	Section 316 (4): Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.	IPC section is included as a sub- section in BNS sans heading.
Section 467: Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt	Section 338: Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give	No change.

a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 4 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.	authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 468: Forgery for purpose of cheating — Whoever commits forgery, intending that the 1 [document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.	Section 336 (3): Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.	Ditto.
Section 482: Punishment for using a false property mark — Whoever uses 6 *** any false property mark shall, unless he proves that he acted without	Section 345 (3): Whoever uses any false property mark shall, unless he proves that he acted    without    intent    to defraud, be punished with	Ditto

intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.	imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 483: Counterfeiting a property mark used by another — Whoever counterfeits any 7 *** property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.	Section 347: (1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.	IPC section is included as a sub- section in BNS.
Section    486:    Selling               goods	Section 349: Whoever sells,	No change.
marked     with    a                counterfeit	or    exposes,    or     has       in
property    mark.—2                [Whoever	possession for sale, any goods
sells, or   exposes,   or   has   in	or things with a counterfeit
possession for sale, any goods or	property mark affixed to or
things with a counterfeit property	impressed upon the same or to
mark] affixed to or impressed	or upon any case, package or
upon the same or to or upon any	other receptacle   in   which
case, package or other receptacle	such goods   are   contained,
in    which    such       goods    are	shall, unless he proves— (a)
contained, shall, unless he proves	that,     having     taken            all
(a)    that,    having        taken   all	reasonable                           precautions
reasonable precautions against	against      committing                 an
committing an offence against	offence against this section,
this section, he had at the time of	he had at the time of the
the commission of the alleged	commission of the alleged
offence no reason to suspect the	offence no reason to suspect
genuineness of the mark, and (b)	the genuineness of the mark;
that, on demand made by or on	and (b) that, on demand made
behalf of the prosecutor, he gave	by   or   on   behalf of   the
all the information in his power	prosecutor, he gave all the
with respect to the persons from	information in his power with

whom he obtained such goods or things, or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.	respect to the persons from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 488:   Punishment   for	Section 350 (2): Whoever	IPC section is included as a sub-
making use of any such false	makes use of any false mark	section in BNS sans heading.
mark —Whoever makes use of	in any   manner   prohibited
any such false mark in any	under sub-section (1) shall,
manner prohibited by the last	unless he proves that he acted
foregoing section shall, unless he	without intent to defraud, be
proves that he acted without	punished    as    if    he                 had
intent to defraud, be punished as	committed the offence under
if he had committed an offence	sub-section (1).
against that section.

 

 

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (REPEALS: CODE OF CRIMINAL PROCEDURE,1973)
CRPC, 1973	BNSS, 2023	Changes Observed
Section 41A: Notice of appearance before police officer.—(1) 3 [The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable	Section 35 (3): The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.	A new subsection 7 is added: “No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.”

offence, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 4 [(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.]	(4)    Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (6)  Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.
Section 68: Proof of service in such cases and when serving officer not present—	Section 70. (1) When a summons issued by a Court is served outside its local jurisdiction, and in any	A new subsection (3) is added, mentioning that service of summons   through   electronic communication       shall       be

(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.	case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2)  The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court. (3)       All summons served through         electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.	considered duly served, and a copy of such summons shall be attested and kept as proof of service of summons.
Section 154: Information in cognizable cases.—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to	Section     173(1):                                   Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an	By adding the words "irrespective of the area where the offence is committed”, the scope is expanded to lodge an FIR. This corresponds to the concept of ‘zero FIR’ By adding the     word     "by     electronic

writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: 1 [Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, 2 [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D,

officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64,   section   65,   section   66, section 67, section 68, section 69,   section   70,   section   71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is       alleged    to       have        been committed or attempted, then such       information            shall               be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against

communication," thereby it is made contemporary. Clause (ii) is added in subsection (1); this is known as eFIR.Subsection (3) is newly added regarding preliminary inquiry to ascertain whether there exists a prima facie case and proceed for investigation on the prima facie case for the cognizable offences which are made punishable for three years or more but less than seven years". In subsection (4), the words "failing which such aggrieved person may make an application to the Magistrate." are added.

section 376, 1 [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be video graphed; (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.] (2) A copy of the information as recorded under sub-section (1)shall be given forthwith, free of cost, to the informant. (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub- section   (1)   may   send   the

whom an offence under section 64,   section   65,   section   66, section 67, section 68, section 69,   section   70,   section   71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be video graphed; (c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. (3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of

substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,— (i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case. (4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner    provided    by    this Sanhita, and such officer shall

	have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.
Section 252: Conviction on plea of guilty— If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon	Section 275: If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.	No change.