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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.

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