News: The Delhi High Court rejected the plea of an accused who challenged a trial court’s order accepting evidence gathered by the CBI through phone-tapping.
Phone Tapping in India
- Phone tapping: Also known as cell phone monitoring or tracing, it is the practice of employing various applications to follow a user’s phone calls and other actions.
- The targeted individual is largely not informed of any such activity during this operation.
- The law on tapping: The government’s powers to intercept communications is laid down in three pieces of legislation–
- The Indian Post Office Act, 1898 allows for the interception of communication through post (Section 26);
- The Indian Telegraph Act, 1885 is used for tapping voice calls (Section 5(2));
- Section 5(2) of the Act states that both state and central governments can, “on the occurrence of any public emergency, or in the interest of the public safety”, authorize interception.
- The Information Technology Act, 2000 governs the interception of WhatsApp messages, emails, etc. (Section 69).
- Grounds for phone tapping
- Article 19(2): The grounds — the interest of the sovereignty, and integrity of India; the security of the state; friendly relations with foreign states; public order; or preventing incitement to the commission of an offence — are enumerated as “reasonable restrictions” under Article 19(2) of the Constitution.
- Safeguards against interception
- Article 21: The right to have telephone conservation in the privacy of one’s home or office is part of the Right to Life and Personal Liberty enshrined in Article 21 of the Constitution, which cannot be curtailed except according to the procedure established by law.
- PUCL vs Union of India Case – The Supreme Court upheld the law, but it laid down procedural safeguards for its application which are –
- Tapping of telephones is prohibited without an authorizing order from the Home Secretary, Government of India or the Home Secretary of the concerned State Government.
- The order, unless it is renewed shall cease to have authority at the end of two months from the date of issue. Though the order may be renewed, it cannot remain in operation beyond six months.
- Tapping must be limited to the address specified in the order or to address (es) likely to be used by a person specified in the order.
- All copies of the intercepted material must be destroyed as soon as their retention is not necessary.
- Within two months of ordering a phone tap, a committee comprising the cabinet secretary, the law secretary and the telecom secretary shall review the order.
- The scrutiny by the board has also been included under Rule 419-A (17) of the Telegraph Rules.
