AUTHOR- Amisha Tandon
INTRODUCTION:
In this 21st century, technology has only advanced in India day by day. Technology has played a major role in development with lot of its advantages but the fact that every coin has two sides is cannot denied in the case of technology also. If technology has made our life easy then it has also made our privacy to be at stake.
Now talking about one of the discovery in technology i.e. Phone Tapping which means, secretly recording or listening telephonic activities of another person to gain information from that person.
INDIAN PERSPECTIVE ON PHONE TAPPING:
In India, phone tapping can only be done in the hands of authorised person in an authorised manner by taking prior permission of concerned department. Telephonic and other communication devices are specified under Entry 31 of the Union List of the Constitution and Entry 7 of the Federal List of the Government of India Act, 1935.
The Laws for Phone Tapping is administered in India under Section 5(2) of Indian Telegraphic Act, 1885 by Central Government and State Government, having the authority to tap the phone for the purpose of doing investigation against the person under suspicion after seeking permission from the Home Ministry and State Home Secretary respectively.
REMEDY FOR PHONE TAPPING IN INDIA:
Phone Tapping can become an issue if it comes in the hands of a person who wants to misuse the information of another in an unauthorized manner then this may lead to prosecution for breach of right to privacy provided by India Constitution by filing complaint in National Human Right Commission, filing FIR against unauthorised tapping and can move to the court for seeking remedy under Section 26(b) of Indian Telegraphic Act.
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