TCOC Act 16

Section 16 · Interception and disclosure of wire, electronic or oral communication prohibited

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- Except as otherwise specifically provided in section 14, any officer who, -

(a)

intentionally intercepts, endeavours to intercept, or procures any other person to intercept or endeavour to intercept any wire, electronic or oral communication;

(b)

intentionally uses, endeavours to use or procures any other person to use or endeavour to use any electronic, mechanical or other device to intercept any oral communication when, -
(i)such device is affixed to, or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication; or
(ii)such device transmits communications by radio or interferes with the transmission of such communication;

(c)

intentionally discloses, or endeavours, to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section;

(d)

intentionally uses, or endeavours to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section; or

(e)

(i)intentionally discloses, or endeavours to disclose, to any other person the contents of any wire, electronic or oral communication, intercepted by means authorised 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 received the information in connection with a criminal investigation; and
(iv)with intent to improperly obstruct, impede or interfere with a duly authorised criminal investigation; or

(f)

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 (4) of section 15,
shall for such violation be punishable with imprisonment for a term which may extend to two years and shall also be liable to a fine, subject to a minimum of rupees one lakh, to be borne by the Police Officer concerned.

The offence at a glance

Maximum punishment
2 years
Fine
Fine — no statutory ceiling, the court decides
Cognizable
Non-cognizable
Bailable
Bailable
Compoundable
Not compoundable
Triable by
Special court
  • Non-cognizable — Police cannot investigate without a Magistrate's order
  • Bailable — Bail is your right — it can be granted at the police station

Derived from the First Schedule Part II rule — not listed section by section

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