(a) The contents of any wire, electronic or oral communication Protectionof intercepted by any means authorized by this section shall as far as information collekted.
possible, be recorded on tape or wire or other comparable device and shall be done in such manner as to protect the recording from editing or other alterations.
(b) Immediately upon the expiration of the period of,order, or extension thereof, such recording shall be made available to the Competent Authority issuing such order and shall be sealed under his directions and kept in the custody of such person or authority as the Competent Authority orders, and such recordings shall- not be destroyed except upon an order of the Competent Authority and in any event shall be kept for ten years.
(c) Applications made and orders issued under this section shall be sealed by the Competent Authority and custody of the applications and orders shal! be kept in such manner as the Competent Authority directs, and shall not be destroyed except on 'an order of the Competent : h ~ l j r ~ r i f ~ , ~ n d any e.:i.ri* shalt be kept for ten ye;^^.
36 THE GAZMTE OF INDIA EXTRAORDINARY [PART 11- --, - , ,. .- Admi~ibilirL of 44. ~otwihstandin~ anything in the Code or in any other law for the evidence time being in force, the evidence collected through the interception of - - collected through wire, electronic or oral communication under this Chapter shall be the intercmtion . . ~.-.- .- - of admissible as evidence against the accused in the Court during the trial co-uni~ti~m. of a case: , .Provided that, the contents of any wire, electronic or oral , communication intercepted pursuant to this Chapter or evidence I derived therefrom shall' not be received in evidence or otherwise I \ disclosed in any trial, hearing or other proceeding in any court unless each accused has been furnished with a copy of the order of the Competent Authority, and accompanying application, under which the interception was authorized or approved not less than ten days before q i trial, hearing or proceeding:
Provided further that, the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with the above information ten days before the trial, hearing or proceeding and that the accused will not be prejudiced by the delay in receiving such information.
\ Raiew of 45. (1) The Review Committee constituted by the Central authorisation Government or the State Government, as the case may be, shall review order.
every order passed by the Competent Authority under section 38.
(2) Every order passed by the Ckmpetent Authority under section 38, or disapproved by the. officer under section 42, shall be placed before the Review Committee, which shall be considered by the Review Committee within ten days after its receipt, to decide whether the order, was neceskry, reasonable k d justified.
- holding such enquiry, if any, deemed necessary may, by order in SEC. 11 THE GAZETTE OF INDIA EX'IRAORDINARY 37 writing, either approve the order passed by the Competent Authority or 1 may issue order disapproving the same.
(4) On issue of order of disapproval by the Review Committee, 1 the interception, if any, already commenced shall be forthwith I discontinued and the intercepted communication, if any, in the form of tape, wire or other device shall, thereupon, not be admissible as evidence in any case and shall be directed to be destroyed.
46. Except as otherwise spedifically provided in section 38, any Interception and police officer who- disclosure of a wire, electronic
(a) intentionally intercepts, endeavours to intercept, or or oral procures any other person to intercept or endeavour to intercept ,,n,nunicatioh any wire, electronic or oral communication; prohibited.
I (b) intentionaliy uses, endeavours to use, or procures any , other person to use or endeavours to use any electronic, mechanical or other device to intercept any oral communication when-
(i) such device is affixed to, or otherwise transmits a signal through a wire, 'cable, or other l i e connection used in wire communication; or .
(ii) such device transmits communications by radio, . or interferes with the transmission of such communication;
(c) intentionally discloses, or endeavours to disclose, to any I other person the contents of any wire, electronic or oral commuriication, knowing or having reason to know ' that the information was obtSiid ,through the interception of a wire, . .
electronic or oral communication in violation of this Chapter;
reason to know that the information was obtained through the 38 THE GAZETTE OF INDIA EX'IXAORDINARY [PART 11- interception of a wire, electronic or oral communication in violation of this Chapter; or ^ (e) intentionally discloses, or endeavours to disclose, to any other unauthorized person the contents of any wire, electronic or oral communication, intercepted by means authorized by section 3 8;
(f) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of rejection by the Competent Authority under this Chapter.
(R) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of disapproval by the Review Committee under sub-section (3) of section 45, i shall for such violation be punishable with imprisonment for a term which may extend to one year and with fine upto rupees fifty thousand.
AnnualReportof 47. (1) The Central Government and the State Government, as the interceptions. case may be, shall cause an annual report to be prepared giving a full account of,-
(i) the number of applications for authorization of interceptions received by the Competent Authority from the Police Department in which p r ~ s ~ u t i o n s have been launched;
(ii) the number of such applications perrnitt'ed or rejected;
(iii) the number of interceptions camed out in emergency situations and the number of approvals granted or rejected in such matters;
(iv) the number of prosecutions launched based on such interceptions and convictions resulting from such, interceptions, along with an' explanatory memorandum giving general assessment of the utility and importance of the interceptions authorized.
(2) An annual report shall be laid by the State Government before i the State Legislature within three months of the completion of every i;
. .
l calendar year: r' t' f
Provided that, if the State Government is of the opinion that the J inclusion of any matterin the annual report would be prejudicial to the security of the State or to the prevention or detection of any terrorist ?
act, the State Government may exclude such matter from being :
,. ) included in such annual report.
(3) An annual report shall be laid by the Central Government before each House of Parliament within three months of the completion of every calendar year :
Provided that, if the Central Government is of the opinion that the inclusion of any matter in the annual report would be prejudicial to the 1 ?I security of the country or to the prevention or detection of any terrorist I ) * act, the Central Government may exclude such matter from being ,; . # t I:
included in such annual report. ;