Law4u - Made in India

How does Indian copyright law handle plagiarism?

04-Apr-2025
Trademark & Copyright

Answer By law4u team

How Does Indian Copyright Law Handle Plagiarism? Plagiarism refers to copying someone’s work without credit, while copyright infringement is the unauthorized use of copyrighted material. In India, plagiarism is not explicitly mentioned in the Copyright Act, 1957, but it is covered under copyright infringement laws. Legal Provisions Against Plagiarism 1. Copyright Act, 1957 (Sections 51 & 52) - If someone reproduces, publishes, or distributes copyrighted work without permission, it is copyright infringement. - If the original creator sues, the court may grant damages or stop further use. 2. Indian Penal Code (IPC), 1860 - Section 420 (Cheating): If plagiarism involves fraud, a criminal case may be filed. - Section 406 (Criminal Breach of Trust): If a person was entrusted with creative work and misused it, this section may apply. 3. University Grants Commission (UGC) Guidelines on Plagiarism (2018) - Universities follow a four-level system to penalize plagiarism in academic work: - 0-10%: No penalty. - 10-40%: Warning and revision required. - 40-60%: Debarment from submitting work for 1 year. - Above 60%: Cancellation of degree or dismissal. Punishment for Plagiarism Under Copyright Law - Civil Liability - Compensation to the original creator. - Injunction to stop further use. - Criminal Liability (Section 63 of the Copyright Act, 1957) - Imprisonment up to 3 years. - Fine up to ₹2 lakh. Defenses Against Plagiarism Claims 1. Fair Use (Section 52) – Limited use for education, research, review, or criticism may not be infringement. 2. No Substantial Copying – If only general ideas are copied, not original expressions, it may not be infringement. 3. Prior Permission – If proper credit is given and the author permits use, it is not plagiarism.

Answer By Anik

The copyright law handles plagiarism by following ways: a. Under section 51 and 52 of the copyright Act, 1957. b. Under Bhartiya Nyaya Sanhita, 2023 c. As per the UGC guidelines, certain percentage is allowed. And the liability which can be imposed for the same is civil in nature under the Copyright Act, 1957 and also compensation for the same. Criminal liability under the BNS,2023.

Answer By Ayantika Mondal

Plagiarism, the act of using someone else's words, ideas, or work without proper attribution, is a serious offense in the world of academia, journalism, and creative industries. While plagiarism is often associated with ethics and professional integrity, it also has legal implications. Plagiarism law is designed to protect the intellectual property rights of creators and prevent the unauthorised use of their work. Plagiarism is regulated by Sections 57, 63, and 63(a) of the Copyright Act, 1957.

Trademark & Copyright Verified Advocates

Get expert legal advice instantly.

Advocate Wankhede Ravindra B

Advocate Wankhede Ravindra B

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Trademark & Copyright, Motor Accident, Labour & Service, Landlord & Tenant, Insurance, Family, High Court, Cheque Bounce, Banking & Finance, Domestic Violence, Medical Negligence, Recovery, Patent, Property, Revenue, Criminal, Corporate, Arbitration

Get Advice
Advocate Pravin Veer

Advocate Pravin Veer

Anticipatory Bail, Criminal, Cyber Crime, High Court, Trademark & Copyright, Revenue

Get Advice
Advocate Keshav Bhandari

Advocate Keshav Bhandari

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Deepashri Phadte

Advocate Deepashri Phadte

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, GST, Documentation, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, Succession Certificate, Startup, RERA, Trademark & Copyright, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Athish Kumar

Advocate Athish Kumar

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, High Court, Landlord & Tenant, Property, Family, Divorce, Child Custody, Breach of Contract, Civil, Documentation, R.T.I, Recovery, Trademark & Copyright, Domestic Violence

Get Advice
Advocate Abhimanyu Samarth

Advocate Abhimanyu Samarth

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Kishan Sain

Advocate Kishan Sain

Divorce, Family, Domestic Violence, Cheque Bounce, Cyber Crime, Documentation, Court Marriage, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Civil, Consumer Court, Corporate, Criminal, High Court, Landlord & Tenant, Labour & Service, Motor Accident, R.T.I, Property, Succession Certificate, Patent, Trademark & Copyright, Recovery

Get Advice
Advocate Vivek Kumar Jagariya

Advocate Vivek Kumar Jagariya

Criminal, Cheque Bounce, Tax, Trademark & Copyright, Startup, Recovery, Medical Negligence, Patent, Labour & Service, Court Marriage, Child Custody, Customs & Central Excise, Cyber Crime, Domestic Violence, Family, High Court, GST, Divorce, Banking & Finance

Get Advice
Advocate Patel Vandana Prashant Kumar

Advocate Patel Vandana Prashant Kumar

Domestic Violence, Divorce, Criminal, Anticipatory Bail, Family, Muslim Law, NCLT, Patent, Media and Entertainment, Trademark & Copyright, Corporate, Cheque Bounce, Breach of Contract

Get Advice
Advocate Kunal Kumar Singh

Advocate Kunal Kumar Singh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Trademark & Copyright Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.