Mobile Phone Tapping
Querist :
Anonymous
(Querist) 03 February 2011
This query is : Resolved
What are the legal provisions in phone tapping
Under what section the case can be put up, what minimum evidence required for admission
Amit Minocha
(Expert) 03 February 2011
As per the clause (5) of the Indian Telegraph Act 1885, the power of interception of communication can be used only when it is necessary or expedient to do in the interest of the sovereignty and integrity of India, security of the country, and for friendly relations with a foreign state. Maintenance of public order and prevention of incitement for the commission of an offence also justify the use of phone tapping and other means of communication interception.
The Indian law also mentions that even if the above conditions exist, the procedure of phone tapping is permissible only if carried out in a fair and reasonable manner.
The law also calls for formulation of precautions to be taken for preventing improper interception or disclosure of messages.
However, Section 69 of the Indian Technology (Amendment) Act, 2008 allows any government official or policemen to listen to calls, read SMS / emails and monitor websites visited by any person, if essential, in the interests of the country.
As per the amended act, no warrant is required from a magistrate to do so.
