(1) Any person who commits audio-video piracy or abets the offence relating to audio-video piracy, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years, and with fine which shall not be less than rupees twenty-five thousand but which may extend to rupees one lakh.
(2) Every such offence shall be cognizable and non-bailable.
5. Whoever having already been convicted of an offence under this Act, shall be punishable for the second and for every subsequent offence, with imprisonment which shall not be less than five years but which may extend to ten years, and with fine which shall not be less than rupees one lakh but which may extend to rupees two lakh.
2 of 1974.
PART 111] THE KOLKATA GAZFI 1E, EXTRAORDINARY, JANUARY 10, 2014 3 Offences by companies.
Protection of action taken in good faith.
Power to make rules.
Power to remove difficulties.
Repeal and saving.
The West Bengal Prohibition of Audio-Video Piracy Act, 2013.
(Sections 6-1a)
6. Where an offence under this Act has been committed by a Company, every person, who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
7. No suit, prosecution or other legal proceeding shall lie against any officials of State Government or any officer or employee thereof for anything, or any damage caused or likely to be caused by anything, which is in good faith done or intended to be done under this Act or rules made thereunder.