The Department of Telecommunications has issued a statement saying that, any company or agency caught in the act of tapping phone calls will be punished under the provisions of the Indian Telegraph Act.

“It has come to the notice that some persons, companies, including public sector undertakings, private vendors and private detective agencies are establishing, maintaining or operating unauthorised communications network, including wireless network for unauthorised monitoring, intercepting and surveillance of communications, and some time are importing these equipments for demonstration purpose to Law Enforcing Agencies (LEAs) for short duration,” the statement said.

“Such type of acts violate the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933 and persons or companies involved in such types of acts are liable to punishment as per provision of Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933,” it added.

The statement also said that under the law, no equipment or sub-system can be used for unauthorised communication network, monitoring, intercepting and surveillance of communication. In addition, the persons and companies who import or procure or possess the equipments or sub-systems capable of monitoring, intercepting and surveillance of communication have been directed to disclose the details of such equipment within 60 days to the Telecom Enforcement and Resource and Monitoring (TERM) cell of the DoT. This information is also being independently compiled by the government.

Also, in case the aforementioned information is not disclosed or is suppressed, the persons or companies are liable to face legal prosecution.