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learning_law (job)     19 January 2011

telephone recording law in india

Hi all,

I am new to this forum and am first time posting in this forum. I stay in PUNJAB INDIA and  I want to know is it legal to record the telephonic conversation going on between two people over a land line telephone, the telephone and the connection both belongs to me and are in my name and the conversation is also regarding me.  Can this conversation be produced as an evidence in court of law. if it is not legal what is the penalty in case i am caught.  



Learning

 5 Replies

kiranpothuri (area manager in stock broking company)     20 January 2011

no u cant record unless you permitt. regarding penalty u didnt describe the offence.

for example if you take stock broker each and every conversation between client and dealer is recorded

they use it as secondary evidence for cleint trade.

1 Like

learning_law (job)     21 January 2011

 

hi kiranpothuri

 

Thanks for your reply . but i coud'nt really understand what you said. you are saying you cannot record unless you permit ,do i need to allow for recording here i am trying to record the conversation going on between two people over my telephone and they are talking about me 

please eloberate

 

Thanks and regards

PHOGAT (SE)     14 March 2011

Hi,

I am from delhi. Recently i got married. I want to know whether i can record my wife's mobile phone calls legally. My wife is using the number which is own by me,on my name and residential address. How can i get it done legally so that in case if i have to submit the conversation to the court in future, no legal action can be taken on me. 

 

Thanks in advance.
 

Veda B R Iyengar (Social Anthropologist )     14 March 2011

Even if it be that a 'husband' has given the telephone facility to the wife .. it is wrong to claim that he has an unconditional right to record 'her' calls... and us it against her... per se...

In the first place Is this right of the husband 'valid'?  -- Particularly as affecting another person's freedom of speech and in quite possible circumstances - of say the husband being not sincere to her or over posseive of her as a person in toto --- then the husband's right on the recording the wife's calls... may virtually deprive her of any help from outside from the domestic oppression...

 

Such laws and evidential provisions should be assessed in real terms  and laws must be made accordingly ... The onus is on the Discretion of the Telephone Law/Depatment as also Fundamental Rights and Human Rights in general.

patrick george (Advocate)     14 April 2013

Recording of conversation on your phone for the calls sent received is not an offence either under Indian Telegraph Act 1885 or under The Information Technology Act.


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