#328: Phone tapping in India
Law, cases & all things UPSC
Phone Tapping has been an issue in the Indian news for a long time. From days of Nehru to Pegasus, we have seen the game changing fast.
Here’s legal game you need to know for UPSC!
Can the govt. tap the phones of suspects before a crime is even committed?
- Delhi and Madras High Courts examined pre-crime phone tapping legality.
- Governed by Indian Telegraph Act, 1885, and Information Technology Act, 2000 (with amendments).
- Key issue: Admissibility of pre-crime evidence.
THE LAW ON TAPPING
- Indian Telegraph Act, 1885 (Section 5(2)): Allows tapping for public safety or emergency.
- Information Technology Act, 2000: Regulates electronic surveillance.
- Requires authorization from Central or State Home Secretary.
- Judicial oversight ensures reasonable restrictions and safeguards.
THE HIGH COURT RULINGS
Madras High Court
- Permitted pre-crime tapping for public safety or prevention.
- Emphasized strict misuse prevention guidelines.
Delhi High Court
- Struck down unauthorized tapping (June 26, 2025).
- Ruled illegal tapping evidence inadmissible; stressed proportionate authorization.
CSEWhy EXPLAINED on the LAW
- Balances national security with individual privacy.
- Requires high necessity and proper authorization.
- Safeguards include periodic review (every 60 days).
- Unauthorized tapping inadmissible.
- Strengthens judicial oversight on surveillance.
PROCEDURAL NORMS
- Authorization by Union or State Home Secretary.
- Periodic review by designated committee.
- Delhi HC (2025) ruled unapproved tapping violates constitutional rights.