Section 46 Copyright Act

Section 46 Copyright Act 2022 is about Offence by bodies corporate. It is under Part V (Copyright Offences) of the Act.

(1) Where an offence under this Act is committed by a body corporate, the body corporate and its principal officers are deemed to have committed the offence and liable to be proceeded against and punished accordingly, provided that nothing contained in this subsection shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.

(2) Notwithstanding anything contained in subsection (1), where an offence under this Act has been committed by a body corporate and it is proved that the offence was committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate such director,
manager, secretary or other officer shall also be deemed to have committed that offence and shall be liable to be proceeded against and punished accordingly.

(3) For the purposes of this section —
(a) “body corporate” includes a firm or other association of persons ; and
(b) “director” in relation to a firm includes a partner in the firm.

(4) Where a body corporate is convicted of an offence under this Act, the court may order that its assets and properties be forfeited unless the body corporate proves to the satisfaction of the court that such assets were not proceeds of the offence for which the body corporate was convicted.