Case Note & Summary
The petitioners, all senior leaders of the Indian National Congress, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC seeking quashing of FIR No.362 of 2022 registered at Yeshwanthpura Police Station, Bengaluru, for offences under Section 63 of the Copyright Act, 1957, Section 66 of the Information Technology Act, 2008, and Sections 34, 120B, 403, 465 IPC. The complaint was filed by the second respondent, a partnership firm owning and broadcasting music under the name MRT Music, alleging that popular songs from the film KGF Chapter-2 were played during the Bharat Jodo Yatra—a mass movement led by the third petitioner covering 3570 km from Kanyakumari to Kashmir—without any agreement or permission, thereby violating copyright. The Yatra entered Karnataka on 30-09-2022 and concluded on 20-10-2022. Before the criminal complaint, the respondent had filed a civil suit and obtained an interim injunction; a Division Bench of this Court modified that order on 08-11-2022, directing removal of offending content from social media platforms and allowing the Yatra to proceed without playing the songs. The criminal complaint dated 04-11-2022 resulted in the impugned FIR. The petitioners argued that the use was minimal, non-commercial, and for public awareness, thus falling within the exceptions under Section 52 of the Copyright Act, and that no ingredients of the alleged IPC or IT Act offences were made out. The respondent contended that it was an assignee with full rights, the songs were freely played, the source code was altered, and investigation was necessary. On 16-12-2022, this Court granted an interim stay of investigation. After hearing arguments, the matter was reserved for orders on 23-06-2023, and the judgment was pronounced on 28-06-2023. The final decision is not included in the provided text.
Issue of Consideration
Whether the acts of the petitioners in playing copyrighted songs during Bharat Jodo Yatra without permission constitute an offence under Section 63 of the Copyright Act, 1957.
Law Points
- Section 52 of Copyright Act
- 1957
- non-commercial use
- fair use
- assignment of copyright
- Section 63 of Copyright Act
- Section 66 of Information Technology Act
- 2008
- Section 482 CrPC
- Articles 226 and 227 of Constitution of India
Case Details
2023 LawText (KAR) (06) 38
Writ Petition No.25123 of 2022 (GM – RES)
Petitioners: Sri Vikram Huilgol, Senior Advocate along with Smt. Leela P. Devadiga; Respondents: Sri Mahesh Shetty, HCGP for R1; Sri S. Sriranga, Senior Advocate along with Sri Pranav Kumar M., Advocate for R2
Sri Jairam Ramesh, Smt. Supriya Shrinate, Sri Rahul Gandhi
The State of Karnataka through Yeshwanthpura P.S., Bengaluru City and Sri M. Naveen Kumar
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Nature of Litigation
Criminal/civil - Quashing of FIR for copyright infringement
Remedy Sought
Petitioners sought quashing of FIR and complaint for offences under Copyright Act, IT Act, and IPC.
Filing Reason
Alleged unauthorized use of copyrighted songs from film KGF Chapter-2 during Bharat Jodo Yatra without permission from assignee.
Previous Decisions
A civil suit (Commercial O.S. No.1594/2022) was filed and interim injunction granted; Division Bench modified it on 08-11-2022, directing removal of offending content from social media and allowing the Yatra to continue without playing the songs. The present writ petition was filed seeking quashing of criminal FIR; this court granted interim stay of investigation on 16-12-2022.
Issues
Whether playing of copyrighted songs during a non-commercial political yatra amounts to criminal offence under Section 63 of the Copyright Act, 1957
Whether the use falls under exceptions of Section 52 of the Act
Whether the other offences under IPC and IT Act are made out
Submissions/Arguments
Petitioners: No violation, use was minimal, non-commercial, for public awareness, covered by Section 52 exception; no criminal intent; complainant is not owner but licensee/assignee with limited rights; videos were short clips; no alteration of source code.
Respondent: Complainant is an assignee with full rights; songs freely played without permission; source code altered; benefit taken; investigation needed; not a fit case for quashing at this stage.
Judgment Excerpts
the appellant and respondent Nos.3 and 4 shall remove the offending content from their social media platform i.e., Twitter, Facebook, YouTube and Instagram.
whether the acts of the petitioners would become an offence under Section 63 of the Act ?
Procedural History
The 2nd respondent, a music firm, filed a civil suit alleging copyright violation and obtained an interim injunction. On appeal, the Division Bench modified the order on 08-11-2022, directing removal of the offending content from social media and allowing the Yatra to proceed without playing the songs. Subsequently, a criminal complaint was lodged, and FIR No.362/2022 was registered on 04-11-2022 for offences under Copyright Act, IT Act, and IPC. The petitioners filed the present writ petition under Articles 226/227 and Section 482 CrPC seeking quashing of the FIR. On 16-12-2022, this Court granted an interim stay of investigation. The matter was heard and reserved for orders on 23-06-2023.
Acts & Sections
- Indian Penal Code, 1860: 34, 120B, 403, 465
- Copyright Act, 1957: 63, 52
- Information Technology Act, 2008: 66
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226, 227
