(1) The contents of any wire, electronic or oral communication intercepted by any means authorised by this chapter shall as far as 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.
(2) 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 scaled 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.
(3) Applications made and orders issued under this chapter shall be sealed by the Competent Authority and custody of the applications and orders shall be kept in such manner as the Competent Authority directs, and shall not be destroyed except on an order of the Competent Authority, and in any event shall be kept for ten years.
45. Notwithstanding anything in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under this Chapter shall be Admissibility of evidence collected through the interception of communications.
3 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— admissible as evidence against the accused in the Court during the trial of a case:
Provided that, the contents of any wire, electronic or oral communication intercepted pursuant to this Chapter or evidence derived therefrom shall not be received in evidence or otherwise 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 authorised or approved not less than ten days before 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.
46. (/) The Review Committee constituted by the Central Government or the State Government, as the case may be, shall review every order passed by the Competent Authority under section 39.
(2) Every order passed by the Competent Authority under section 39, or disapproved by the officer under section 43, 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 necessary, reasonable and justified.
(3) The Review Committee, after examining the entire record and holding such enquiry, if any, deemed necessary may, by order in writing, either approve the Review of authorisation order.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39 order passed by the Competent Authority or may issue order disapproving the same.
(-/) On issue of an order of disapproval by the Review Committee, the interception, if any, already commenced shall be forthwith 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.
Interception and disclosure of wire, electronic or oral communications prohibited.
47. Except as otherwise specifically provided in section 39, any police officer who- (CT) intentionally intercepts, endeavours to intercept, or procures any other person to intercept or endeavour to intercept any wire, electronic or oral communication;
(b) intentionally 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- (/) such device is affixed to, or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication; or (//) such device transmits communications by radio, or interferesjvith the transmission of such communication;
(c) intentionally discloses, or endeavours to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or 40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— having reason to know that the information war.
obtained through the interception of a wye, electronic or oral communication in violation of this Chapter;
(d) intentionally uses, or endeavours lo use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this Chapter, or
(e) intentionally discloses, or endeavours to disclose, to any other unauthorised person the contents of any wire, electronic or oral communication, intercepted by means authorised by section 39;
(/) 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;
(g) 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 46, shall for such violation be punishable with imprisonment for a term which may extend to one year and with fine up to rupees fifty thousand.
Annual report of interceptions.
48. (/) The Central Government and the State Government, as the case may be, shall cause an annual report to be prepared giving a full account of,-
(i) the number of applications for authorisation SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 41 of interceptions received by the Competent Authority from the Police Department in which prosecutions have been launched;
(//•) the number of such applications permitted or rejected;
(//'/") the number of interceptions carried out in emergency situations and the number of approvals granted or rejected in such matters;
(/v) the number of prosecutions launched based on such interceptions and convictions resulting from such interceptions, alongwith an explanatory memorandum giving general assessment of the utility and importance of the interceptions authorised.
(2) An annual report shall be laid by the State Government before the State Legislature within three months of the completion of every calendar year:
Provided that, if the State Government is of the opinion that the inclusion of any matter in 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 security of the country or to the prevention or detection of any terrorist act, the Central Government may exclude such matter from being included in such annual report.
42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
CHAPTER VI MISCELLANEOUS