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Non-IPC Offence Punishable 'Up To Three Years' Non-Bailable Because It Is Possible To Impose Sentence of Exact Three Years For Such Offences:Bombay High Court livelaw.in - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from livelaw.in Daily Mail and Mail on Sunday newspapers.
Bombay high court (File photo) MUMBAI: Bombay high court has held that offences of infringement of copyright under Copyright Act and of falsely applying any trademark under the Trade Marks Act are non bailable offences as the punishment attracted is up to three years and can be exact three years. Justice Sarang Kotwal had raised a legal question as to whether these offences punishable with up to three years imprisonment were bailable or non-bailable. The first point which the high court considered was whether offences under section 63 of Copyright Act (infringement of copyright) and section 103 of TM Act (false application of TM) which are not in the Indian Penal Code (IPC) but attract up to three years imprisonment are non-bailable or ‘bailable’. The high court held both these offences to be non-bailable . ....