The government has pulled the trigger on private detective agencies, vendors and companies, including PSUs, who have been involved in illegal interception of phone calls or are running an alternative unauthorised communications network for monitoring and interception.
In an official statement, the department of telecommunications (DoT) has asked all such persons or companies to give equipment details within 60 days or else face punishment of up to three years and fines.
DoT further said the government has powers to order interception of telegraph messages in the interest of the sovereignty and integrity of India. It has come to notice that some persons, companies, including PSUs, private vendors and private detective agencies are already maintaining or operating unauthorised communications network such as GSM, CDMA and some time are importing these equipment for demonstration purpose to law enforcement agencies for short duration, the department said.
“Such type of acts violate the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 and persons or companies involved in such types of acts are liable to punishment as per provision of the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933,” it added.
This Act gives powers to the government to seize the equipment and also carries a punishment for maximum of three years with a fine of Rs 1,000. Under the law, no equipment can be used for unauthorised monitoring, intercepting and surveillance of communication. The telecom department is itself independently compiling information about such companies, who have imported/procured/ assembled/ manufactured the equipment having monitoring, intercepting and surveillance of communication capabilities. It said the persons or companies who will not be filing information within 60 days of publication or indulge in suppressing the facts will render them liable for prosecution under the law.
