Knowing use of infringing copy of computer programme to be an offence - Sec.63B

The use of pirated software is a widespread issue that the law addresses with specific severity. Section 63B of the Copyright Act, 1957 makes the knowing use of an infringing copy of a computer programme a criminal offence. This section is a direct warning to businesses and individuals who believe that using unlicensed software is a victimless crime.\n

The Criminality of Software Piracy\n

Section 63B states that any person who knowingly makes use of an infringing copy of a computer programme on a computer shall be punishable with at least seven days' imprisonment, extending up to three years. The law also mandates a fine of at least fifty thousand rupees. This is particularly relevant for businesses that try to save costs by using \"cracked\" versions of professional tools. To avoid these risks, organizations should implement a clear software asset management (SAM) policy. A comprehensive compliance audit can help you identify any technical or legal gaps in your software environment.\n

Business vs. Non-Commercial Use\n

The law provides some leeway for non-commercial use. If the programme was not used for gain or in the course of trade, the court has the discretion not to impose a prison sentence and may instead apply a smaller fine. However, for most commercial entities, the use of infringing software is automatically categorized as a course-of-trade violation. The penalty reflects the reality that pirated software often contains malware or backdoors that can compromise an entire network. Protecting your systems means using only verified, licensed software from trusted sources.\n

Evidence Collection and Enforcement\n

Proving a violation of Section 63B involves Analyzing the software installed on a machine and comparing it against purchase records and license keys. Digital forensic tools can identify if a programme has been modified to bypass license checks or if it originated from an unauthorized distribution server. For organizations, the risk often comes from employees installing unapproved software. Regular endpoint monitoring and a strict policy against unauthorized installations are the first lines of defense. In the event of an audit, having a well-documented license repository is your best legal shield.\n

Verify Your Software Legitimacy\n

Are you certain that every piece of software on your network is legally licensed? An inadvertent violation of Section 63B can lead to severe legal and security consequences. Contact our security and compliance experts to perform a full audit of your software assets and ensure your organization is fully protected from the risks of infringing copies.\n