Regarding tapping of mobiles

Atish (Querist) 24 December 2010 This query is : Resolved
Dear Sir,

It has been appearing in the newspapers regards software worth Rs.20000/- helps in easily tapping someones mobile. Would a taped conversation be legal to produce in the family court and could it be proved as a solid evidence. Is it legally right.

Regards
Atish

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Devajyoti Barman (Expert) 24 December 2010
No without any authorisation one can not tap other's phone call.The same is no admisible in evidence either.

Satyendra Kumar Pandey (Expert) 24 December 2010
Kindly go through with IT Act which specially deals in this matter, if you produced any tapped document in court it has no relevancy and the burden of prof laying on you only.

Advocate. Arunagiri (Expert) 24 December 2010
Tapping can be done only by the investigating agency not by individuals.

bhupender sharma (Expert) 25 December 2010
under section 5 of the Telegrpyh Act the permission of the home secretary with this respect in one month advance is to be obtained both by person or the incvestigating agencey, other wise the tapping of the phone call is unconstitional and is crimianl offence under the Act and under the Code .

Gulshan Tanwar (Expert) 29 December 2010
What cannot be done directly cannot be done indirectly!!!

Sanction is always required for the same else the act is illegal and the wrath follows.

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