PRINCIPLE: Any police officer, not below the rank of a Sub-Inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate. FACTS: A Superintendent of Police (SP) conducted a raid on a shop and found pirated copies of books. The SP formed an opinion that infringement of copyright is taking place. He arrested the shop owner without warrant in the light of above mentioned propositions. (Answer the question after reading the following paragraph.)

This question consists of legal propositions/principles (hereinafter referred to as ‘principle’) and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the “most reasonable conclusion” arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.

Option A: The arrest of the shop owner was within the power of the SP

Option B: The arrest of the shop owner was not within the power of the SP.

Option C: The shop owner can never be arrested.

Option D: SP was not, competent to know whether infringement of copyright has taken place

Correct Answer

Option: b

Explanation

Section 64 of the Indian copyright act says about the Power of police to seize infringing copies.

Sample Mock Tests for Practice

HARYANA LOWER JUDICIAL SERVICES 2021

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 09 Q. NO. 321 TO 360)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 21 Q. NO. 801 TO 840)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 03 Q. NO. 61 TO 90)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2012

THE CHHATTISGARH RENT CONTROL ACT, 2011 (PAPER 01 Q. NO. 1 TO 8)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 20 Q. NO. 761 TO 800)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

UTTARAKHAND LOWER JUDICIAL SERVICES 2002

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 06 Q. NO. 201 TO 240)

CLAT 2016

AIBE-XII-2018-I (BCI-JUN-2018-SET-A) (ALL INDIA BAR EXAM 2018-I)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

UTTARAKHAND LOWER JUDICIAL SERVICES 2018

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 11 Q. NO. 401 TO 440)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 09 Q. NO. 281 TO 315)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 22 Q. NO. 841 TO 874)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 17 Q. NO. 561 TO 595)

AIBE-XIV-2019 (BCI-SEPT-2019-SET-D) (ALL INDIA BAR EXAM 2019)

CLAT 2013

THE HINDU SUCCESSION ACT, 1956 (PAPER 02 Q. NO. 36 TO 65)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 05 Q. NO. 141 TO 175)

THE LIMITATION ACT, 1963 (PAPER 02 Q. NO. 41 TO 80)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 05 Q.NO. 161 TO 200)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 07 Q. NO. 211 TO 245)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 15 Q. NO. 561 TO 600)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 04 Q.NO. 121 TO 160)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 13 Q. NO. 421 TO 455)

RAJASTHAN LOWER JUDICIAL SERVICES 2011

THE INDIAN CONTRACT ACT, 1872 (PAPER – 12 Q. NO. 386 TO 420)