(1) The Central Government may, by an order, specify one or more authorised agencies to intercept or receive any message or class of messages pursuant to an interception order, for the reasons specified under sub-section (2) of section 20 of the Act.
(2) The competent authority may, through an interception order, direct interception of any message or class of messages:
Provided that in unavoidable circumstances, such order may be made by an officer, not below the rank of a Joint Secretary to the Central Government, who has been duly authorised for this purpose by the competent authority.
(3) Where it is not feasible for the competent authority or such other officer specified under the proviso to sub-rule (2) to issue an interception order in remote areas or for operational reasons, then the interception order may be issued by the head or the second senior most officer 1 Subs. by G.S.R. 625(E), dated 12.09.2025. Clause (c) of sub-rule (1) of rule 2, before substitution, stood as under:
““competent authority” means the Union Home Secretary in the Ministry of Home Affairs in the case of the Central Government, or the Secretary to the State Government in-charge of the Home Department in the case of a State Government;” of the authorised agency at the Central level, and head or the second senior most officer of the authorised agency not below the rank of Inspector General of Police at the State level, and the following provisions shall apply in such cases, -
(a) a copy of such interception order shall be submitted within three working days of the date of its issuance to the competent authority, and the competent authority shall, if it considers appropriate, confirm such order within a period of seven working days from the date of issue;
(b) if the competent authority does not confirm such interception order within seven working days from the date of issue -
(i) such interception shall forthwith cease;
(ii) any messages intercepted shall not be used for any purpose, including as evidence in a court of law; and
(iii) copies of messages intercepted pursuant to such order shall be destroyed within two working days, and confirmation of the same shall be submitted in writing to the competent authority.
(4) In case of non-confirmation of interception orders by the competent authority under sub-rule (3), the same message or class of messages shall not be intercepted by the authorised agency, without an interception order by the competent authority.
(5) Any interception order issued under sub-rule (2) or confirmed by the competent authority under sub-rule (3) shall be submitted to the relevant review committee at the Central or State level within a period of seven working days from the date of issuance or confirmation, as the case may be.
(6) No interception order under sub-rule (2) or (3) shall be made unless the authority issuing such order has considered that it would not be possible to acquire the necessary information by any other reasonable means.
(7) The interception pursuant to an interception order shall be related to the interception of any message or class of messages as are sent to or from any person or class of persons or relating to any particular subject, whether such message or class of messages are received at one or more addresses as may be specified in the order, or which are likely to be used for the transmission of message or class of messages from or to one particular person specified in the order, or any set of premises or telecommunication equipment specified in the order.
(8) An interception order shall –
(a) specify the authorised agency and designation of the officer in such agency that will undertake the interception;
(b) specify the reasons for such interception pursuant to sub-section (2) of section 20 of the Act, and limit the use of any intercepted message to the provisions of subsection (2) of section 20; and
(c) remain in force, unless revoked earlier, for a period not exceeding sixty days from the date specified in such order, and may be renewed for further periods:
Provided that no interception order shall remain in force beyond the duration of one hundred and eighty days.
(9) The authorised agency undertaking the interception as specified under clause (a) of subrule (8), shall maintain secure records, including but not limited to-
(a) the intercepted message or class of messages;
(b) the particulars of persons whose message or class of messages has been intercepted;
(c) the name and particulars of the officer or the authorised agency to whom the intercepted message or class of messages has been disclosed;
(d) the number of physical or digital copies of the intercepted message or class of messages made;
(e) the mode or the method by which such copies are made;
(f) the date of destruction of the copies; and
(g) the duration for which the directions for interception in an interception order are remain in force.
(10) Nothing in these rules shall apply to the demonstration and testing of lawful interception systems and monitoring facilities undertaken pursuant to the prior written directions from the Department of Telecommunications.