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Prevention of Terrorism Act, 2002 [Repealed] Chapter V

Title: Interception of Communication in Certain Cases

State: Central

Year: 2002

.....identity of the investigating officer making the application, and the head of the department authorising the application; (b) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including- (i) details as to the offence of terrorist act that has been, is being, or is about to be committed; (ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (iii) a particular description of the type of communications sought to be intercepted; and (iv) the identity of the person, if known, committing the terrorist act whose communications are to be intercepted; (c) a statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorisation of interception should not automatically terminate after the described type of communication has been first obtained; (d) a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; and (e) where the application is for the.....

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Control of Organized Crimes Acts, 2000 Section 14

Title: Authorization of Interception of Wire, Electronic or Oral Communication

State: Karnataka

Year: 2000

.....investigating or law enforcement officer making the application and the head of the department authorizing the application; (b) A statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued including- (i) Details as to the offence of organized crime that has been, is being or is about to be committed; (ii) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (iii) A particular description of the type of communications sought to be intercepted; and (iv) The identity of the person, if known, committing the offence of organized crime and whose communications is to be intercepted; (c) A statement as to whether or not other modes of enquiry or intelligence gathering have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception; (d) A statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorization.....

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Prevention of Terrorism Act, 2002 [Repealed] Section 43

Title: Interception of Communication in Emergency

State: Central

Year: 2002

.....in accordance with the provisions of sub-sections (1) and (2) of section 38 within forty-eight hours after the interception has occurred, or begins to occur. (2) In the absence of an order approving the interception made under sub-section (1), such interception shall immediately terminate when the communication sought is obtained or when the application for the order is rejected, whichever is earlier; and in the event of an application for permitting interception being rejected under sub-section (1) of section 39 or an application under sub-section (1) of this section for approval being rejected, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, elcetronic or oral communication intercepted shall be treated as having been obtained in violation of this section.

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Prevention of Terrorism Act, 2002 [Repealed] Section 39

Title: Decision by Competent Authority on Application for Interception

State: Central

Year: 2002

.....authorising or approving interception of wire, electronic or oral communications, if the Competent Authority determines on the basis of the facts submitted by the applicant that- (a) there is a probable cause for belief that an individual is committing, has committed, or is about to commit a particular offence described and made punishable under sections 3 and 4 of this Act; (b) there is a probable cause of belief; that particular communications concerning that offence may be obtained through such interception; (c) there is probable cause of belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used or arc about to be used, in connection with the commission of such offence, leased to, or are listed in the name of or commonly used by such person. (2) Each order by the Competent Authority authorising or approving the interception of any wire, electronic or oral communication under this section shall specify- (a) the identity of the person, if known, whose communications arc to be intercepted; (b) the nature and location of the communication facilities as to which, or the place.....

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Prevention of Terrorism Act, 2002 [Repealed] Section 47

Title: Interception and Disclosure of Wire, Electronic or Oral Communications Prohibited

State: Central

Year: 2002

.....communication in violation of this Chapter; (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; (f) 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.

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Control of Organized Crimes Acts, 2000 Section 17

Title: Interception and Disclosure of Wire, Electronic or Oral Communications Prohibited

State: Karnataka

Year: 2000

.....by section 14; (ii) Knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation under this Act; (iii) Having obtained or recorded any information in connection with a criminal investigation; and (iv) With intend to improperly obstruct, impede or interfere with a duly authorized criminal investigation; or (v) Intentionally continues the interception of wire, electronic or oral communication after the specific order of disapproval by the Review Committee under sub-section (4) of section 16; Shall for such violation be punished with imprisonment for a term, which may extend to one year and fine which may extend to rupees fifty thousand.

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Prevention of Terrorism Act, 2002 [Repealed] Section 38

Title: Application for Authorization of Interception of Wire, Electronic or Oral Communication

State: Central

Year: 2002

.....identity of the investigating officer making the application, and the head of the department authorising the application; (b) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including- (i) details as to the offence of terrorist act that has been, is being, or is about to be committed; (ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (iii) a particular description of the type of communications sought to be intercepted; and (iv) the identity of the person, if known, committing the terrorist act whose communications are to be intercepted; (c) a statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorisation of interception should not automatically terminate after the described type of communication has been first obtained; (d) a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; and (e) where the application is for the.....

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Information Technology Act, 2000 Section 69

Title: Power to Issue Directions for Interception or Monitoring or Decryption of Any Information Through Any Computer Resource

State: Central

Year: 2000

.....to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. (2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed. (3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to- (a) provide access to or secure access to the computer resource generating transmitting, receiving or storing such information; or (b) intercept, monitor, or decrypt the information, as the case may be; or (c) provide information stored in computer resource. (4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with.....

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Prevention of Terrorism Act, 2002 [Repealed] Section 41

Title: Duration of an Order of Interception, Etc.

State: Central

Year: 2002

.....preceding the day on which the investigation officer first begins to conduct an interception under the order or ten days after order is issued whichever is earlier. (2) The extension of in order may be granted, but only upon an application for a extension made in accordance with sub-section (1) of section 38 and the Competent Authority making the findings required by sub-section (1) of section 39, and the period of such extension shall be no longer than the Competent Authority deems necessary to achieve the purposes for which it was granted and in no event for longer than sixty days at a time. (3) Every order and extension thereof shall contain a provision that the authorisation to intercept shall be executed as soon as practicable and shall be conducted in such manner as to minimise the interception of communications not otherwise subject to interception under this section and shall terminate upon attainment of the authorised objective, or in any event on the expiry of the period of said order or extension thereof.

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Prevention of Terrorism Act, 2002 [Repealed] Section 48

Title: Annual Report of Interceptions

State: Central

Year: 2002

.....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.

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