Copyright and Related Rights Act, 2000
Order for delivery up in criminal proceedings. |
142.—(1) The court may, on conviction of a person or being satisfied that there is a prima facie case to answer, where the court is satisfied that at the time of the arrest or charge the person had in his or her possession, custody or control— | |
(a) in the course of a business, trade or profession, a copy of a work, knowing or having reason to believe it to be an infringing copy, | ||
(b) an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or | ||
(c) a protection-defeating device, | ||
order that the infringing copy, article or device be delivered up to the copyright owner or to such other person as the court may direct. | ||
(2) An order may be made by the court of its own motion, or on the application of the person bringing a prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made— | ||
(a) after the expiration of the period specified in section 144 (3) as being the limit of the period for delivery up, or | ||
(b) where it appears to the court unlikely that any order will be made as to the disposal of the infringing copies, articles or devices. | ||
(3) A person to whom an infringing copy, article or device is delivered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be. |