The
Department of Telecommunications, Ministry of Communications & IT hereby
informs that the Government has power to order the interception of telegraph
message (means any communication sent by
telegraph, or given to a telegraph officer to be sent by telegraph or to be
delivered) under the sub-section 2 of Section 5 of Indian Telegraph Act,
1885 in the interests of the sovereignty and integrity of India, the security
of the State, friendly relations with foreign States or public order or for
preventing incitement to the commission of an offence. The telegraph has been
defined as “any appliance, instrument, material or apparatus used or capable of
use for transmission or reception of signs, signals, writing, images and sounds
or intelligence of any nature by wire, visual or other electro-magnetic
emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means”
in the Indian Telegraph Act, 1885.
The Establishing, maintaining or
working unauthorized telegraph; Intrusion into signal- room, trespass in
telegraph office or obstruction; Unlawfully attempt to
learn contents of messages and Intentionally damaging or tampering with
telegraphs are offences as per the provision under Section 20, 23, 24, 25 and
26 of Indian Telegraph Act, 1885. The possession of wireless telegraphy
apparatus without licence also is an offence as per the provision under Section
3 and 6 of Indian Wireless Telegraphy Act, 1933.
It has come to the notice that some
persons, companies including PSUs, private vendors and private detective
agencies are establishing, maintaining or operating unauthorized communications
network including wireless network (GSM / CDMA / BWA etc. ) for unauthorized
monitoring, intercepting and surveillance of communications, and some time are
importing these equipments for demonstration purpose to Law Enforcing Agencies
(LEAs) for short duration. Such type of acts violate
the Indian Telegraph Act, 1885 & Indian Wireless Telegraphy Act, 1933 and
persons / companies involved in such types of acts are liable to punishment as
per provision of Indian Telegraph Act, 1885 & Indian Wireless Telegraphy
Act, 1933.
It is to further inform that under
the law, no equipment/sub-system can be used for unauthorized communication
network, monitoring, intercepting and surveillance of communication.
The persons and companies who
imported, procured or possess the equipments / sub-systems capable of
monitoring, intercepting and surveillance of communication are directed to inform the details of such equipments within
60 days of the publication of this release in the prescribed Proforma to the respective Telecom Enforcement, Resource and
Monitoring (TERM) Cells of Department of Telecommunications (DoT). The list
of TERM Cell of DoT, their contact details and prescribed Proforma are given at
the DoT website: www.dot.gov.in.
The information about the persons /
companies who possess, have imported or procured or assembled or manufactured
the equipments / sub-systems having capabilities of monitoring, intercepting
and surveillance of communication is also being independently compiled by the
Government through its own sources. The persons / companies who will not be
filing information as per Proforma within 60 days of publication of this notice
/ suppressing the facts will render them liable for prosecution under the law,
which provides for imprisonment which may extend
to three years and for imposition of fines.
Department of
Telecommunications, M/o Communications & IT
New Delhi, December 30, 2010
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