(a) whether the Government has any proposal to amend the Indian Telegraph Act, 1885;
(b) if so, the details thereof;
(c) whether the Government proposes to legalise the phone tapping including of the mobile phones
in the country; and
(d) if so, the details thereof and the adequate safeguards proposed to uphold the right to privacy
of the Citizens?
MINISTER OF THE STATE IN THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (SHRI SACHIN PILOT)
(a) to (d) There is a provision in the sub section 2 of Section 5 of Indian Telegraph Act, 1885 regarding
interception of the messages/telephones including mobile phones which is reproduced below.
“On the occurrence of any public emergency, or in the interest of the public safety, the Central Government
or a State Government or any officer specially authorized in this behalf by the Central Government or a State
Government may, if satisfied that it is necessary or expedient so to do 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, for reasons to be recorded in writing, by order,
direct that any message or class of messages to or from any person or class of persons, or relating to any
particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be
transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order
or an officer thereof mentioned in the order.
Provided that press messages intended to be published in India of correspondents accredited to the Central
Government or a State Government shall not be intercepted or detained, unless their transmission has been
prohibited under this sub-section.â€
In case of any amendment in the Indian Telegraph Act, 1885, it will be introduced in the Parliament
at appropriate time as per Parliamentary procedure.