Copyright Litigation Forums in India (Court-Side)

Explainer · Copyright · Court-Side

Updated for 2026 · Claw Editorial

You have found a copy of your work, a pirated film, a cloned software product or a lifted textbook. Now the practical question: which court do you go to, and in which city? The answer is not always the court nearest to the infringer. Section 62 of the Copyright Act gives the copyright owner a useful choice, and since 2021 many copyright suits also go through the Commercial Court route. This explainer covers the court side only: where a copyright suit can be filed, who hears it, and the one rule you must get right. It was last verified in October 2026.

01The short answer

A civil suit for copyright infringement is filed in the District Court. Section 62(1) of the Copyright Act, 1957 says so. Section 62(2) then adds a second option: you may also file in the District Court within whose limits you actually and voluntarily reside, carry on business, or personally work for gain.

In practice, three things decide your forum:

• Where you live or run your business (the section 62(2) option).
• Where the infringer is, or where the infringement took place (the ordinary rule for where a cause of action arises).
• The value and nature of the dispute, which decides whether it is a "commercial dispute" and goes to a Commercial Court or a High Court IP Division.

Section 62(2) lets a copyright owner sue at home. That one rule often decides the whole strategy.

02Section 62(1): the District Court

Section 62(1) says every suit or civil proceeding about infringement of copyright, or any other right given by the Act, must be instituted in the District Court having jurisdiction. It does not send these suits to the Copyright Board or to a tribunal. It is a normal civil suit in a civil court.

"District Court" here also includes a High Court that exercises original civil jurisdiction. This matters in cities like Delhi, Bombay, Madras and Calcutta, where large suits start on the original side of the High Court, not in a district court.

Remedies sought in such suits usually include an injunction, damages or an account of profits, and delivery up of infringing copies. The forum rule is only the first step. The suit still has to be pleaded and proved on the merits.

03Section 62(2): sue where you live or work

Under the general rule of civil procedure, you sue where the defendant lives or works, or where the cause of action arose. That can mean travelling to another state to enforce your own copyright.

Section 62(2) changes this for copyright owners. It allows a suit in the District Court within whose local limits the person instituting the suit, at the time of filing, actually and voluntarily resides, carries on business, or personally works for gain. The section applies even if the infringer is somewhere else.

Three plain points follow:

• The word "voluntarily" matters. You cannot pick a convenient address only to create jurisdiction.
• The place is tested at the time the suit is filed.
• It is an extra option, not a replacement. The ordinary forums still exist.

04IPRS v Sanjay Dalia: how the Supreme Court read it

The leading case is Indian Performing Rights Society Ltd v Sanjay Dalia, 2015 (10) SCC 161, decided on 1 July 2015. You can read the full judgment on Indian Kanoon or on the Supreme Court website.

The Court read section 62(2) in a purposive way. The aim of the section is to make it easier for the copyright owner to sue at the place where the owner lives or works. It is not to let the owner drag the defendant to a far place for no reason. The same reasoning was applied to the similar rule in section 134 of the Trade Marks Act.

The practical lessons, in simple terms:

• If the cause of action arose at the place where you reside or carry on business, you can sue there.
• If you have several offices, the place that counts is generally where the cause of action arose in connection with that office, and not the head office elsewhere.
• Suing at home does not mean you must also add a defendant who has no link to that place.

Read the judgment itself for the exact limits before you rely on a particular argument. Later High Court decisions have applied it to specific facts.

05The Commercial Court route after 2021

Many copyright disputes are also "commercial disputes" under the Commercial Courts Act, 2015, because the Act covers intellectual property rights disputes, including copyright. When that is the case, three things follow.

• Specified Value: the dispute must meet the Specified Value set by the Act to be a commercial dispute. Check the current figure before you file.
• Pre-institution mediation: section 12A generally requires you to attempt mediation before filing, unless you seek urgent interim relief. The Supreme Court has treated this as mandatory for suits that do not contemplate urgent interim relief.
• Time-bound procedure: commercial suits follow a stricter timetable for pleadings, disclosure and case management.

Which court takes the case, a Commercial Court at district level or the Commercial Division of a High Court, depends on the value of the claim and the local rules of that state. Section 62(2) still tells you which territorial court you may choose, and the Commercial Courts Act then decides the type of court within it.

For how IP cases are spread across district and Commercial Courts, see our guide on IP cases in district and Commercial Courts.

06High Court IP Divisions

Some High Courts now run a dedicated IP Division. The Delhi High Court created its Intellectual Property Rights Division in 2021 and notified its own rules for it. Other High Courts have also set up IP benches or divisions.

In these courts, copyright suits and many connected matters are listed before a bench that handles only IP work. Pending matters from the old Copyright Board and appellate bodies were also moved to the High Courts after the Tribunals Reforms Act, 2021. Case-type codes and filing categories differ by court, so read the court rules and the cause list format of the High Court where you plan to file.

For a detailed look at how design disputes are tested in court, with a worked case, see the Moldtek design validity case.

07Registration is a separate office, not a court

Many people mix up the court and the registry. They are different bodies.

• The Copyright Office registers copyright and maintains the register. Its official site is copyright.gov.in. Filing, fees and forms are handled there. This guide does not cover that process, and you should rely on the Copyright Office for current forms and fees.
• The civil court hears the infringement suit and grants an injunction or damages.

Registration is not required to sue for infringement of a copyright that exists, but a registration certificate is useful evidence in court. Criminal remedies, such as a complaint under the offence provisions of the Act, go to a Magistrate and are a separate track from the civil suit in section 62.

For a parallel case, patent searches before filing are covered in our guide to AI patent search tools in India.

08A practical checklist before you file

1. Write down where you actually live or run your business. Confirm it is genuine and voluntary.
2. Write down where the infringement happened and where the defendant works.
3. Decide if the dispute is commercial and meets the Specified Value. If yes, plan for mediation under section 12A, or for an urgent interim application.
4. Check whether the High Court you may use has an IP Division and read its rules.
5. Search for earlier suits against the same defendant and for orders on similar works, so you plead on firm ground.
6. Keep proof of ownership: dates of creation, assignments, and the registration certificate if you have one.

This is general information, not legal advice. A copyright suit should be filed with an advocate who handles IP matters in that court.

09Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Once you know where a copyright suit sits, Claw helps you follow it. It tracks cases, orders and hearings across 9,102 courts, benches and forums, searches 30 crore+ judgments, and returns results in under 5 seconds, with Supreme Court judgments from 1950 and High Court judgments from 1990, so you can find earlier suits against the same defendant, read how a court applied Section 62(2) and IPRS v Sanjay Dalia, and watch a live matter by party name. For copyright, Claw is court-side only, it does not track Copyright Office registration, and it does not use customer documents to train AI models.

Before you file, search for earlier suits and orders on similar works. Create a free Claw account and start with case search across Indian courts.

10Sources and further reading

• Copyright Office, Government of India: copyright.gov.in
• IPRS v Sanjay Dalia, 2015 (10) SCC 161: Indian Kanoon and the Supreme Court PDF
• Statutes: the Copyright Act, 1957 and the Commercial Courts Act, 2015, on India Code
• Claw: clawlaw.in

Last verified October 2026. Court rules, thresholds and fees change, so confirm each item at its primary source before you file.

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