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Mobile tapping

(Querist) 22 October 2014 This query is : Resolved 
Respected Sir,

I would like to know that can I record conversation between me and other person on my mobile phone without consent or knowledge of opposite person in india ?
Devajyoti Barman (Expert) 22 October 2014
Yes you can but you can not misuse the said conversations.
ajay sethi (Expert) 22 October 2014
your recordings would amount to unauthorised surveillance . you cannot do any such recordings and expect it to be admissible in evidence . please note that such recordings made in a private place would amount to invasion of privacy
ajay sethi (Expert) 22 October 2014
n Rk anand case delhi high court observed as follows


A sting operation by a private person or agency is, by and large, unpalatable or unacceptable in a civilized society. A sting operation by a State actor is also unacceptable if the State actor commits an offence so that an offence by another person is detected.

2. A State actor or a law enforcement agency may resort to hidden camera or sting operations only to collect further or conclusive evidence as regards the criminality of a person who is already suspected of a crime.

3. The law enforcement agency must maintain the original version of the actual sting operation. Tampering with the original video or audio clips of a sting operation may lead to a presumption of the spuriousness of the entire operation.

4. A sting operation cannot be initiated to induce or tempt an otherwise innocent person to commit a crime or entrap him to commit a crime.

5. Normally, if a private person or agency unilaterally conducts a sting operation, it would be violating the privacy of another person and would make itself liable for action at law.

6. A sting operation must have the sanction of an appropriate authority. Since no such authority exists in India, and until it is set up, a sting operation by a private person or agency, ought to have the sanction of a court of competent jurisdiction which may be in a position to ensure that the legal limits are not transgressed, including trespass, the right to privacy of an individual or inducement to commit an offence etc.
Sudhir Kumar, Advocate (Expert) 22 October 2014
you can record it and use as evidence.
Rajendra K Goyal (Expert) 22 October 2014
You can record if the conversation is with you.
V R SHROFF (Expert) 22 October 2014
You can, but you cannot publish or misuse it.
J K Agrawal (Expert) 23 October 2014
Dear Friends
Please suggest some specific law allowing or forbidding telephone talk recording so that the subject could be understood properly.
Thanks
Sudhir Kumar, Advocate (Expert) 23 October 2014
you cannot misuse it, but you can use it. You can put it to lawful course.
Guest (Expert) 23 October 2014
In India Telephone Tapping has to be approved by a designated authority otherwise it is illegal.The Central Govt or State Govt is empowered to order interception of messages as per SEC 5 of Indian Telegraph Act 1885 Rule 419 and as per Rules 428 no person with out sanction of Indian Telephone Authority could use any phone for this purpose.But in present mobile world No Rules or Laws are practically applicable and no modifications or changes so far.
Sudhir Kumar, Advocate (Expert) 23 October 2014
Mere recording of own conversation with other other party is not tapping.
T. Kalaiselvan, Advocate Online (Expert) 23 October 2014
A conversation between you and another person is being recorded by you, there is nothing wrong in it nor there is any law forbidding you from doing it, see how you are going to use it against that person and under what situation.
malipeddi jaggarao (Expert) 25 October 2014
No wrong if not misused.


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