Context
There have been recent concerns about illegal probing for allegedly tapping the phone of Rajya Sabha MP.
What laws govern this?
- Phone tapping in India is governed by the The Indian Telegraph Act, 1885.
- Section 5(2) says that “on the occurrence of any public emergency, or in the interest of the public safety”, phone tapping can be done by the Centre or states if they are satisfied it is necessary in the interest of “public safety”, “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”.
Who can tap phones?
- States: In the states, police have the powers to tap phones.
- Centre: At the Centre, 10 agencies are authorised to do so:
- Intelligence Bureau
- CBI
- Enforcement Directorate
- Narcotics Control Bureau
- Central Board of Direct Taxes
- Directorate of Revenue Intelligence
- National Investigation Agency
- R&AW
- Directorate of Signal Intelligence
- Delhi Police Commissioner
- Tapping by any other agency would be considered illegal.
