Judgment :- The State has preferred this Criminal Appeal seeking for enhancement of the sentence imposed on the respondent, who is convicted by the learned XI Metropolitan Magistrate, Saidapet, Chennai, for an offence under Section 63 of the Copyright Act. 2. The learned Government Advocate (Crl.Side) submits that P.W.1 was examined and the accused has also not denied his offence and pleaded guilty and sentenced only to undergo twelve days simple imprisonment and to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for two months for the offences under Section 63 of the Copyright Act. It is further submitted that the trial Court had not imposed adequate sentence on the accused. As per Section 63 of the Copyright Act, the minimum sentence to be imposed is not less than six months and fine also should not be less than Rs.50,000/-. But the learned Magistrate had imposed only twelve days imprisonment and imposed a fine of Rs.1,000/-, which is against the provision under Section 63 of the Copyright Act. 3. This Court has considered the submissions made by the learned Government Advocate (Crl.Side) appearing for the State and also perused the materials available on record. 4. Section 63 of the Copyright Act reads as follows:- “63. Offence of infringement of copyright or other rights conferred by this Act.- Any person who knowingly infringes or abets the infringement of- (a) the copyright in a work, or (b) any other right conferred by this Act [except the right conferred by Section 53-A], [shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakhs rupees. Provided that [where the infringement has not been made for gain in the course of trade or business] the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.] Explanation.- Construction of a building or other structure which, infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this Section.” 5. As per Section 63 of the Copyright Act, though the minimum sentence of imprisonment is six months and the minimum fine amount should be Rs.50,000/-, there is a proviso to impose lesser sentence. As per the Proviso, where the infringement has not been made for gain in the course of trade or business, the Court may, for adequate and special reasons, impose lessor sentence. 6. The learned Magistrate had observed in the judgment that no evidence has been let in by the prosecution to show that the accused by selling the DVD cassettes made profit or gain. Further, it was pleaded by the accused that he would not indulge in future in similar offence and he is the breadwinner of the family. 7. The occurrence relates to the year 2006 and the judgment was delivered only after three years. As such, the learned Magistrate had the discretion to impose lessor punishment as per the proviso under Section 63 of the Copyright Act. This Court does not find any error or illegality in the order dated 11.02.2010 passed in C.C.No.6514 of 2008 by the learned XI Metropolitan Magistrate, Saidapet, Chennai. Therefore, this Criminal Appeal is dismissed.