The Copyright Quandary: Criminalization and Judicial Backlog in India

Authors

  • Rahul S K Department of Law, School of Legal Studies, Central University of Punjab, Bathinda — 151 401, India https://orcid.org/0000-0003-1443-7628
  • Raj Kumar Yadav Department of Law, School of Legal Studies, Central University of Punjab, Bathinda — 151 401, India

DOI:

https://doi.org/10.56042/jipr.v30i2.9436

Keywords:

Copyright, Pendency of cases, Criminalization, Speedy Trial, Criminal Justice

Abstract

India is facing 45 million overall pending cases only in the subordinate courts (excluding the Supreme Court and High Courts), which is very alarming and needs to be addressed as soon as possible. Law commissions, Supreme Court judges, and legal experts have all expressed concern about the increasing pendency of cases. The study investigates the criminalization of copyright cases, its impact on the judiciary, and how it contributes to the pendency of cases. The study is doctrinal however it used both primary and secondary data. Primary data include data published on the NCRB website. Secondary data include literature, online articles, news articles, scholarly articles etc. The study found that although copyright case registration is very less its disposal is less than 1% of the current year filling because the time taken for investigation and submitting charge sheet is very long up to three years and two years respectively. This further accelerates the current pendency of cases in India. The study suggests that rather than making copyright infringement a crime let it be civil or we can make it criminal on repeat infringement as currently under Section 63A of the Act, on repeat infringement enhancement of punishment is there. Establishing a specialized tribunal to deal with these cases can be solved within a reasonable time.

Author Biography

  • Rahul S K, Department of Law, School of Legal Studies, Central University of Punjab, Bathinda — 151 401, India

    Research Scholar, Department of Law

Downloads

Published

2025-03-04

How to Cite

The Copyright Quandary: Criminalization and Judicial Backlog in India. (2025). Journal of Intellectual Property Rights (JIPR), 30(2), 188-196. https://doi.org/10.56042/jipr.v30i2.9436

Similar Articles

1-10 of 129

You may also start an advanced similarity search for this article.