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Eric Easter   11 October 2018

Applicable acts and sections for illegal audio recording



Some local criminals are illegally recording conversations of my friend and his family members from various places near their house. What sections are applicable in this case?


 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     11 October 2018

how they are recording 

Virtual Legal Assistant (.)     10 June 2020


Although your query is not very clear, it seems that you are seeking laws regarding illegal telephonic conversation recording.  It is not illegal to record a conversation so long as you record it with the consent of all parties involved. However, it is a crime to record conversation without consent.

In general terms, the Right to Privacy has been recognized under both law and self-regulatory mechanisms including:

  • Tort law,
  • Article 21 of the Constitution of India which deals with the ‘Protection of Life and Personal Liberty’,
  • Depending on the technology used, the Information Technology Act — under Section 66E as well as (depending on the content of the conversations) Section 43A along with the associated 2011 Privacy Rules),
  • (Possibly, for women) under Section 509 of the Indian Penal Code, and
  • With regard to television programmes, the Indian Broadcasting Foundation’s Content Code & Certification Rules 2011.

Hope this helps.


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