Question

DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: Any police officer, not below the rank of a SubInspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without a warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.

Facts: A Superintendent of Police (SP) conducted a raid on a shop and found pirated copies of books. The SP formed an opinion that infringement of copyright is taking place. He arrested the shop owner without a warrant in the light of above-mentioned propositions.

विकल्प

• The arrest of the shop owner was within the power of  the SP 

• The arrest of the shop owner was not within the power  of the SP 

• The shop owner can never be arrested

• SP was not competent to know whether infringement  of copyright has taken place

Answer 1

The arrest of the shop owner was within the power of  the SP 

Explanation:

The arrest of the shop owner was within the power of the SP is correct and the assist of the shop owner was within the power of S.P.The facts of case state that according to the opinion formed by SP thow was a case of infringement of copyright in a place where he conducted the raid and the above-enumerated principle gives any police officer, not below the rank of a Sub-Inspector, power to size without a warrant, all copies and plates used for the said purpose. However, a weak case may be pleaded by saying that the principle does not say anything bout the arrest of the place owner and only talks about the seizing of related copies and plates.