Where any offence under Indian Copyright Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment if he proves that the offense was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offense.
(2) Notwithstanding anything contained in sub-section (1), where an offence under Indian Copyright Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officers of the company, such director, manager, secretary or other officers shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation: For the purposes of this section;
- “Company” means any body corporate and includes a firm or other association of persons; and
- “Director” in relation to a firm means a partner in the firm.
Cognizance of offenses: No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offense under Indian Copyright Act.