Indian Telegraph Act, 1885
Indian Telegraph Act, 1885 | |
---|---|
Imperial Legislative Council | |
Long title
| |
Enacted by | Imperial Legislative Council |
Enacted | 22 July 1885 |
Effective | 1 October 1885 |
Amended by | |
The Repealing Act, 1938 The Indian Telegraph (Amendment) Act, 2003 | |
Repealed by | |
Telecommunications Act, 2023 | |
Status: Repealed |
The Indian Telegraph Act, 1885 was the enabling legislation in India which governed the use of wired and wireless telegraphy, telephones, teletype, radio communications and digital data communications. It gives the Government of India exclusive jurisdiction and privileges for establishing, maintaining, operating, licensing and oversight of all forms of wired and wireless communications within Indian territory. It also authorizes government law enforcement agencies to monitor/intercept communications and tap phone lines under conditions defined within the Indian Constitution. The act came into force on 1 October 1885. Since that time, numerous amendments have been passed to update the act to respond to changes in technology.[1]
The legislation was repealed after the passage of the Telecommunications Bill 2023.[2]
Background
The Indian Telegraph Act, passed in 1883, was intended to give the Central Government power to establish telegraph lines on private as well as public property. At the time the Act was conceived, India was still under the rule of the British Raj. Telegraph was first installed in 1851 and a trans-India telegraph was completed three years later in 1854.[3] The telegraph had become, in the intervening thirty years, an important tool for British dominion over India by quelling rebellions and consolidating information. It was thus important for the British to have control of telegraphy and infrastructure across the subcontinent.
Legal interception of communications by law enforcement agencies
Indian laws do not allow disclosure of information pertaining to court authorised interception and communications data.
“Section 5 (2) of the Indian Telegraph Act 1885 – read with rule 419 (A) of Indian Telegraph (Amendment) Rules 2007 obliges telecommunications service providers to maintain extreme secrecy in matters concerning lawful interception. Further, under Rule 25(4) of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 (Interception Rules) and Rule 11 of the IT (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009 (the ‘Traffic Data Rules’), ‘strict confidentiality shall be maintained’ in respect of directions for lawful interception, monitoring, decryption or collection of data traffic,”[citation needed]
Section 7
The following rules were made under the powers conferred by this section:
Miscellaneous
The ownership and operation of satellite communications systems and amateur radio equipment is strictly regulated in India.
Satellite phones
Passengers importing satellite telephone as baggage shall be required to declare the same to the Customs on arrival at immigration and customs checkpoints. Circular No.37 / 2010-Customs states that "satellite phone declared to Customs shall be allowed clearance subject to production of permission for use from DoT, Government of India." (...) "Satellite phones imported for use in India without a valid permission of DoT may be detained and appropriate action in accordance with the law may be initiated."[11]
Indian media reports mention that National Technical Research Organisation (NTRO) has capability to detect, intercept and record phone communications using land and satellite-based communications link monitoring systems.[12][13][14][15][16][17][18][19] Scientists at Indian Institutes of Technology (IIT) have cracked GEO-Mobile Radio Interface GMR-1 and GMR-2 encryption algorithms.[20][21] NTRO and ISRO can access archived data from Technology Experiment Satellite (TES), Cartosat-2A and Cartosat-2B besides two Radar Imaging Satellites namely RISAT-1 & RISAT-2.
Amateur radio
Radio receivers for plane-spotting
Use of any category of radio equipment for plane-spotting requires permission from
Import and operation of radio scanners or radio communications receivers capable of listening to HF VHF UHF and satellite aircraft or maritime radio frequencies is tolerated if user has an appropriate amateur/maritime/aircraft radio licence.
See also
- Amateur radio in India
- Amateur radio call-signs of India
- Telecommunications Act, 2023
References
- ^ "Indian Telegraph Act, 1885" (PDF). Department of Telecommunications, Ministry of Communication, Government of India. Retrieved 16 May 2019.
- ISSN 0013-0389. Retrieved 21 December 2023.
- ^ "No. 1380: Indian Telegraph". uh.edu. Retrieved 15 May 2019.
- ^ "Indian Wireless Telegraph Rules, 1949" (1949) 173 The Indian Trade Journal 526 (No 2229, 19 May 1949)
- ^ Indian Wireless Telegraph Rules, 1973 (.doc)
- ^ "Recommendation : Telecom Regulatory Authority of India". Archived from the original on 13 February 2015. Retrieved 28 January 2015.
- ^ "Restrictions on the use of Satellite Phone | Carrier Services | Licensing | Department of Telecommunications". Archived from the original on 18 January 2015. Retrieved 28 January 2015.
- ^ "INMARSAT | Carrier Services | Licensing | Department of Telecommunications". Archived from the original on 13 February 2015. Retrieved 28 January 2015.
- ^ "4.2.6. Usage of Thuraya / Irridum and Satellite Phone" (PDF). Indian Notices to Mariners. Indian Naval Hydrographic Department. 1 January 2015. Archived from the original (PDF) on 13 February 2015. Retrieved 16 May 2019.
- GARD. 3 December 2018. Retrieved 16 May 2019.
- ^ Central Board of Excise & Customs. Archived from the originalon 8 February 2014. Retrieved 28 January 2015.
- ^ Joshi, Sandeep (12 October 2012). "10,000 phones, 1,000 e-mail IDs under the scanner". The Hindu. Retrieved 15 May 2019.
- ^ "'Terror boat': Satellite phones tracked by NTRO remained active until Jan 4". Deccan Herald. 11 January 2015. Retrieved 15 May 2019.
- ^ Bhatia, Vimal; Ashish Mehta (24 March 2011). "Alarm over satellite phone use in border districts". The Times of India. TNN. Retrieved 15 May 2019.
- ^ Akshat Kaushal; Surajeet Das Gupta (3 December 2011). "The two men behind India's 'secret' surveillance industry". Business Standard. Retrieved 15 May 2019.
- ^ Josy Joseph (19 July 2011). "Terrorists move to Skype, frustrate eavesdroppers". The Times of India. TNN. Retrieved 15 May 2019.
- ^ "GPS, Android, UAVs, satphones to counter Maoists in Chhatisgarh". India TV News. 31 October 2012. Retrieved 15 May 2019.
- Ministry of Home Affairs. 23 December 2014. Retrieved 15 May 2019.
- DNA India. Retrieved 15 May 2019.
- ^ Swami, Praveen (1 December 2011). "The government's listening to us". The Hindu. Retrieved 15 May 2019.
- ^ Swami, Praveen (1 December 2011). "The art and science of communications intelligence". The Hindu. Retrieved 15 May 2019.
- ^ "ARRL". www.vigyanprasar.gov.in. Archived from the original on 20 January 2008.
- ^ "Regulations:Wireless Planning and Coordination Wing, Government of India". Archived from the original on 21 December 2014. Retrieved 28 January 2015.
- ^ "Reciprocal Permit". arrl.org. Retrieved 15 May 2019.
- ^ "PART I- PRELIMINARY". dgca.nic.in. Archived from the original on 16 March 2008. Retrieved 15 May 2019.
External links
- Indian Telegraph Act, 1885 at www.indiacode.nic.in