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The Karnataka High Court has refused to quash a criminal copyright infringement case against Amazon Seller Services Private Limited over allegations that pirated copies of a Kannada book were sold through its platform. The court allowed the police investigation to continue after the prosecution highlighted that 6,719 copies had reportedly been sold in 2019, although the copyright holder had printed only 3,000 copies.
Justice M. Nagaprasanna dismissed Amazon’s petition in an order dated November 4, observing that the allegations raised disputed questions of fact requiring investigation.
The case concerns Hell Hogu Karana, a book written by late journalist Ravi Belagere. The complaint alleges that unauthorised copies were being sold on e-commerce platforms at ₹149, substantially below the original retail price of ₹350.
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Why Did the Court Refuse to Stop the Investigation?
The criminal proceedings arose from a complaint filed by Bhavana Belagere, daughter of the late journalist and owner of the publishing house Bhavana Prakashana.
According to the complaint, she holds the copyright and exclusive legal rights to print, sell and distribute the book.
The book was first published in September 2003, while its 31st printing took place in April 2005.
Bhavana alleged that pirated copies were being sold through online platforms, including Amazon, Flipkart and Meesho, without authorisation.
Following her complaint, Subramanyapura Police registered an FIR on February 4.
During the High Court proceedings, State Public Prosecutor B.N. Jagadeesha submitted that 6,719 copies of the book had been sold through Amazon in 2019, despite only 3,000 copies having been officially printed by the copyright holder.
The prosecution argued that the source of the additional 3,719 copies required investigation.
The court also examined the physical covers of the original and allegedly pirated books produced during the proceedings.
Justice Nagaprasanna observed that the allegations involved seriously disputed facts and that interference was not warranted while the investigation remained at an early stage.
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Amazon argued that it functions as an online intermediary and should be protected under Section 79 of the Information Technology Act.
Senior Advocate Sandesh J. Chouta, appearing for the company, submitted that Amazon provides a marketplace hosting approximately 170 million products and does not itself determine the retail prices of goods sold through the platform.
The company maintained that it did not list, distribute or publish the disputed book and that the allegations did not establish copyright infringement under Sections 51 or 63 of the Copyright Act, 1957.
Amazon also informed the court that it had removed the disputed listing on May 7 following oral directions from the police.
It further submitted that details of the sellers had been provided to the investigating agency.
The prosecution opposed the plea, arguing that seller agreements and declarations alone could not establish whether an online marketplace had complied with its due-diligence obligations.
It maintained that the substantial difference between the number of officially printed copies and the reported sales required further examination.
Copyright Investigation to Continue Against Amazon
The High Court declined to terminate the criminal proceedings, holding that the issues raised could not be conclusively resolved at the investigation stage.
The court observed that the available material, including the disputed sales figures and differences between the book covers, warranted further inquiry.
While dismissing Amazon’s petition, Justice Nagaprasanna left the company free to approach the appropriate forum at a later stage of the proceedings.
The ruling does not determine whether Amazon committed copyright infringement or whether all the disputed copies were pirated.
Instead, it permits investigators to examine the origin of the books sold through the platform and assess the allegations made by the copyright holder.
The case also raises questions about the application of intermediary protection and due-diligence obligations when allegedly unauthorised copyrighted material is sold through online marketplaces.
The criminal investigation will now continue, with Amazon retaining the right to pursue appropriate legal remedies as the proceedings advance.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
