31 March 2009

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Pirated DVDs Buyers and Mpda provision: a deep analysis –

Reality views: By sm
Pirated DVDs Buyers and Mpda provision: a deep analysis –
Reason to write this post is that I came to understand that majority Indians do not understand the seriousness of these new provisions.
Selling and buying pirated DVDs and cds is already crime and tried under Indian Penal code and Copy right act,

What is bailable offence?
In short the accused person does not stay in jail more than 24 hours, if he is able to give surety and bond amount.
Non bailable offence means an offence in which accused is kept in jail so police can investigate more normally dangerous crimes like murder are non bailable
The judicial system and courts do not work as you see in the Hindi movies.
I have not found any Hindi movie or television serial which shows court proceedings
The Maharashtra govt. has recently made few changes, added new provisions to
Maharashtra Prevention of Dangerous Activities of slum-lords, bootleggers,
Drug offenders and dangerous persons Act, 1981 in short this act is known as
Mpda Act. Under this act now Buyers of pirated DVDs and sellers will be tried and punished if found guilty.
To understand the seriousness we will start with an example.
If 18 year old bunty and babli are arrested by police for purchasing a pirated DVDs.
Under this new law, so what will happen, next stage is they may be send to Nashik jail
As normally accused persons arrested under Mpda act are send to Nashik Jail.
As this law prohibit bail for 3 months, bunty and babli both have to stay in jail for 3 months.
Next stage is after 3 months they will get bail and will not stay in jail but there case will start ,to finish there case it may take 1 year to 10 years.
Suppose after 2 years the honorable judge founds that bunty and babli both are innocent
And sets them free...
For just buying DVD for 80 rupees both land up in jail for 3 months, they are denied bail.
After staying in jail for 3 months does society will accept them, will they even show face to there parents.
Will they commit suicide after staying in jail for 3 months. Or will they become professional criminals?
What is reason they are not given bail, this should be bailable offence, and will the buyer run away from police and court.
Do you think buyer of pirated DVD is so rich that he will run away and stay in Europe?
Normally bail is not given to persons whose crime is dangerous and there is possibility that he will run away from law and cause more damage to society.
The buyers of DVDs are young innocent boys and girls. In jail they will come to know that if he would have used the force or cheated and got the DVD forcefully then also he would have got the bail .He will realize that it is better to rob or cheat than buy a DVD.
Surely message will go that if you want DVD go and rob the shop keepers who sell the original DVDs. If you are found by police you will get the bail, the accused person does not require to stay in jail for forcefully taking the DVD from shopkeepers.
But if you purchase DVD by paying 80 rupees or 100 rupees and police booked you under this Mpda act , surely the buyer will land up in jail for 3 months, it does not matter he is guilty or not guilty.
A person arrested under IPC provisions can obtain bail, a detainee, accused under MPDA cannot resort to bail and has to challenge the act in court As per new provisions a buyer of DVD who is booked by police under this act ,can not get bail for 3 months. He can file for bail. Only after 3 months.
For buying a DVD of 80 rupees he has to stay in jail for 3 months, after that the case will be tried and the buyer will be punished.

The correct approach would have been that, make such a law that in market there will be no pirated DVDs available.
Find the persons and punish them who are manufacturing the pirated DVDs and cds.
Law should punish the sellers; law should close down the chor bazaars which are present in every Indian city and village. Many times you will find that chor bazaar is situated behind or near the police station.

Chor bazaar means thief market.

Few questions to think?

Will it be good if Indian musicians are charged under this act for copying Hollywood music?
Will it be good if Indian movie makers, producers are charged under Mpda act for copying Hollywood movies?
Will it be good if writers of movies are found copying other writers stories are tried under Mpda act?

Think on what is achieved by sending buyer for 3 months in jail.

Think do you use Windows xp or Vista legal copy?

Using illegal, pirated copy of windows xp or vista is also piracy

If not?
Are you ready to stay in jail for 3 months without bail and after that, the case will be tried in court and you may or may not be punished by honorable court. you may be set free and declared innocent by court or may be send to jail for 1 year or 5 year. If you are set free and declared innocent by court then also you will have spend 3 months in jail as you do not have right to bail for first 3 months.


Acp April 01, 2009  

what you fail to notice here is the purpose of the law and the effect that is expected to be achieved from them. Law is not something that is made to make repetative offences. It proposes to curtail the crime and if one bunty gets caught once the other bunty's will ensure that they wont do the same.

Its called collateral damage, for the greater good of the society certain offensive individuals who do not follow the norms of the society are made exambles to others. A person who buys a pirated DVD or CD will not be below the poverty line as he needs an electric connection, a TV, a VCD player and socially well aware, if you take the statistics only a small chunk of the population belongs to that creed.


sm April 01, 2009  

yes ty.i know your point,
but my point is that if some gunda comes and brakes my both legs and hands then also he do not stay in jail for 3 months. that gunda criminal immidialty gets bail and in 24 hours he is outside to beat my family again.
why not then cancal the bail provision and put everyone in 3 months as a precaution .
it is like that i cannot kill the criminal tiger i will kill the ants .
my point is that what is reason a young innocent boy be denied bail. and a gunda criminal who daily breakes hands andlegs of common man is given bail immidiately.
pirated dvd buyers should be punished but buyers should get bail.
i am sure if anyone puts a PIL in high court or supereme court of india this provision will be cancelled.
a habitual criminal also gets bail , but innocet boys and girls dont get bail reason is they purchased a dvd cost 80 rupees,
and he beocmes so dangerous for society that
you are putting him behind bars injail .
you are denying his fundamental right of bail.