Chapter XV - Miscellaneous
Section 74
Section 74: Civil court powers of the Registrar of Copyrights
Section 74 gives the Registrar of Copyrights the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 for the listed procedural matters. Its Explanation extends the reach for enforcing witness attendance to the whole of India.
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Need advice on Section 74?
This article is for general information. Refer to the Copyright Act, 1957 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The Registrar of Copyrights shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) requisitioning any public record or copy thereof from any court or office; (f) any other matter which may be prescribed.
Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights or the Appellate Board, as the case may be, shall be the limits of the territory of India.
Scope and applicability
Section 74 applies to proceedings before the Registrar of Copyrights under the Act. For the matters in clauses (a) to (f), the Registrar has the powers that a civil court has when trying a suit under the Code of Civil Procedure, 1908.
The powers are procedural: summoning and examining persons on oath, discovery and production of documents, evidence on affidavits, commissions to examine witnesses or documents, requisitioning public records, and any other matter that may be prescribed. The section does not itself decide what the Registrar may adjudicate; that comes from the provision under which the proceeding is brought.
Current text and the former Appellate Board
Section 10(j) of the Tribunals Reforms Act, 2021 directs that the words “and the Appellate Board”, wherever they occur in sections 74 and 75, be omitted. The Act is deemed to have come into force on 4 April 2021. Those exact words appear once in section 74, in the main paragraph, and this page shows that paragraph with them omitted.
The heading and the Explanation, as printed, still mention the Appellate Board, because the 2021 instruction does not use the words found there. Sections 11 and 12, which designated the Appellate Board for this Act and set out its powers and procedure, were omitted by section 10(d) of the same Act. Do not read the remaining printed references as giving the former Board any continuing role, and do not substitute another forum for it without legal advice.
The Copyright Office's web version of Chapter XV shows wider omissions in this section. This page follows the words of the enacted amendment instead.
Step-by-step review
Identify the proceeding before the Registrar and the provision of the Act under which it is brought.
Match the procedural step you need, such as a summons, document production or affidavit evidence, to the relevant clause.
Where a witness is outside the local area, note that the Explanation treats the territory of India as the limit for enforcing attendance.
Check the Copyright Rules and any procedure notified by the Copyright Office for forms, fees and timelines before filing.
Hypothetical example
Hypothetical: in a proceeding before the Registrar, a party wants a witness based in another State to produce licence correspondence. It can ask the Registrar to summon the witness and require production of the documents under clauses (a) and (b). The Explanation means distance within India does not by itself prevent enforcement of attendance.
Official sources
Practical checklist
Do
- Tie each procedural request to the clause of section 74 that supports it.
- Keep proof of service and of compliance with any summons or production direction.
- Check the Copyright Rules for the prescribed procedure before filing.
Avoid
- Do not treat section 74 as a source of substantive jurisdiction.
- Do not file anything before the former Appellate Board on the strength of the printed Explanation.
- Do not assume the Copyright Office web text and the enacted amendment read the same.
Glossary
- Registrar of Copyrights
- The officer under whose immediate control the Copyright Office is placed by section 9, and who holds the civil-court powers listed in section 74.
- Commission
- An authorisation to examine witnesses or documents, which the Registrar may issue under clause (d).
Frequently asked questions
Can the Registrar of Copyrights summon witnesses?
Yes. Clause (a) gives the Registrar a civil court's power to summon and enforce the attendance of any person and examine him on oath.
Why does the Explanation still mention the Appellate Board?
The Tribunals Reforms Act, 2021 omitted only the words “and the Appellate Board” from sections 74 and 75. The Explanation uses different words, so the printed text still mentions the Board, although the provisions constituting it were omitted.
Does section 74 decide what disputes the Registrar can hear?
No. It gives procedural powers for proceedings that other provisions of the Act place before the Registrar.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026