What are the steps for telephone tapping(legally)

I also want to know but As per my knowledge it is 100% illegal to laymen.

Telephone tapping or intercepting mail are totally illegal. Even the government can't do it. Remember President Giani Zail Singh who was almost going to dismiss the Indira Gandhi government. on the Postal Bill which required mail interception.  That boy knew that Indian Presidents were and still are not mere rubber stamps but have powers to dismiss governments who don't act according to Indian Constitution. Phone tapping,mail,email interception are worse than hacking.

call recording.

its legal and can be done on ur own handset.

get a handset having auto-call record feature

eg. wynncom - Y36

Call recording is totally different from wire tapping which means Z is listening to what X and Y are talking about on their respective phones.

Totally illegal, don't even try.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@Shonee: Voice recorded on a device(with date and timestamp) by putting phone on speaker, is it acceptable proof in court? 

Tapping telephone/telegraph lines for recording is prohibited by section 25 of the Indian Telegraph Act 1885

Section 25 of the said act is read as follows:

 Intentionally damaging or tampering with telegraphs.

  If any person, intending-

 (a) to prevent or obstruct the transmission or delivery of any message, or

 (b) to intercept or to acquaint himself with the contents of any message, or

 (c) to commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

But, in R.M Malkani vs. State of Maharastra - AIR 1973 SC 157, the apex court made it clear that electronically recorded conversation is admissible in evidence, if the conversation is relevant to the matter in issue and the voice is identified and the accuracy of the recorded conversation is proved by eliminating the possibility of erasure, addition or manipulation.  The Apex Court further held that a contemporaneous electronic recording of a relevant conversation is a relevant fact comparable to a photograph of a relevant incident and is admissible as evidence under Section 8 of the Act. There is therefore no doubt that such electronic record can be received as evidence.

Ranbir

Don’t try to tape a phone calls as ,Govt warns on illegal phone tapping The act says only the government may tap phones in the interest of national security but for others it carries a punishment of up to three years in prison with a fine of Rs. 1,000.

“Such type of acts violate the Indian Telegraph Act, 1885, and Indian Wireless Telegraphy Act, 1933, and persons or companies involved in such types of acts are liable to punishment,” it added.(Link:https://www.telegraphindia.com/1101231/jsp/frontpage/story_13374141.jsp 

But govt order refers to spy tapping , or third party tapping requiring a beep. its fully legal tp tap ur conversation.there are suitcase size  devices which can record all cell phone conversation in a city.

Yes,You can use under section 65(B)as a secondary evidence and in this you have no need to prove its original or not. After section 65, section 65A and 65B have been added laying down the provisions about Admissibility of electronic records.Moreover, the concept of electronic evidence fails to identify the kinds of documentary evidence namely the primary and the secondary evidence as every electronic record is an original as well as in duplicate.

However, the provisions of section 65A and 65B(THE INDIAN EVIDENCE ACT, 1872) help to overcome this complex situation.

Conditions Of Admissibility:

 In Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:

a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.

b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.

c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.

d) The statement must be relevant according to the rules of Evidence Act.

e) The recorded cassette must be carefully sealed and kept in safe or official custody.

f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.

No legal way.....

So Dont try it.......

"Voice recorded on a device(with date and timestamp) by putting phone on speaker, is it acceptable proof in court"

YES IT IS ACCEPTABLE..BEACUSE YOU ARE NOT TAPPING A "PHONE LINE"..YOU CAN DO WHATEVER YOU WANT WITH YOUR ELECTRONIC MOBILE DEVICES aT HOME..THE SAME WILL BE ACCEPTABLE..

RANBIR