Telephone tapped without notice, info given to 3rd party, what to do

816 votes

In India, telephone tapping has to be approved by a designated authority. It is illegal otherwise.[10] The Central Government or State Government is empowered to order interception of messages per 12section 5 of Indian Telegraph Act 1885.[11] Rule 419 and 419A sets out the procedure of interception and monitoring of telephone messages. There is a provision for a review committee to supervise the order of interception.

Phone tapping is permitted based on Court order only and such permission is granted only if it is required to prevent a major offence involving national security or to gather intelligence on anti-national/terrorist activities.

Though economic offences/tax evasion were initially covered under the reasons for interception of phones, the same was withdrawn in 1999 by the Government based on a Supreme Court order citing protection to privacy of the individual.

As per Rule 428 of the India telegraphic rules, no person without the sanction of the telegraph authority, use any telephone or cause or suffer it to be used, purposes other than the establishment of local or trunk calls.

The Government of India instructions provide for approved attachments. There is no provision for attachment for recording conversation.

Advocate Siddhant Sharma LawRato

683 votes

How do you know that your mobile is tapped by law enforcement? No one have ever rights to give your details to the third party except you. Police can do the surveillance for any information. But still you have the evidence than you need to report to the concerned police station.

LawRato LawRato