Any person who knowingly infringes or abets the infringement of--

(a) the copyright in a work, or

(b) any other right conferred by this Act 1[except the right conferred by section 53A],

2[shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:]

Provided that 1[where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.]

Explanation.-- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

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Footnote -

1. Ins. by Act 38 of 1994, s. 21 (w.e.f. 10-5-1995).

2. Subs. by Act 65 of 1984, s. 5, for "shall be punishable with imprisonment which may extend to one year, or with fine, or with both" (w.e.f. 8-10-1984)