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 Bhoopathi Shankar

Advocate Bhoopathi Shankar

Property, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Banking & Finance, Cheque Bounce, Civil, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue, Trademark & Copyright

Get Advice
Advocate Kapil Yadav

Advocate Kapil Yadav

Cheque Bounce,Domestic Violence,Divorce,Trademark & Copyright,Family,

Get Advice
Advocate K Shanmukha Srikanth

Advocate K Shanmukha Srikanth

Arbitration, Cheque Bounce, Consumer Court, Civil, Family, Domestic Violence, Tax, Trademark & Copyright, Succession Certificate, Wills Trusts, Criminal, Corporate, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Court Marriage, Documentation, Divorce, High Court, Insurance, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, RERA, Property

Get Advice
Advocate Adv.bharat Kumar

Advocate Adv.bharat Kumar

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Omkar Ambadas Kumbhar

Advocate Omkar Ambadas Kumbhar

Anticipatory Bail, Arbitration, 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
Advocate Nitesh Sharma

Advocate Nitesh Sharma

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, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Labour & Service, Media and Entertainment, Muslim Law, NCLT, Patent, R.T.I, Recovery, RERA, Startup, Trademark & Copyright, Wills Trusts, Supreme Court, Tax, Revenue, Motor Accident, Property, Succession Certificate, Criminal

Get Advice
Advocate Logesh

Advocate Logesh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, 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
Advocate Shashanck Bhardwaj

Advocate Shashanck Bhardwaj

Bankruptcy & Insolvency, Banking & Finance, NCLT, RERA, Trademark & Copyright

Get Advice
Advocate Venkat Malli

Advocate Venkat Malli

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
Advocate Himanshu Pandey

Advocate Himanshu Pandey

Arbitration, Civil, Court Marriage, Criminal, Family, Trademark & Copyright

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.