Criminal Procedure Code · Updated to 1 May 2023 · Chapter XIII
116C. Interception of communication and admissibility of intercepted communications
Feedback & supportNotwithstanding any written law to the contrary, the
Public Prosecutor, if he considers that it is likely to contain any information relating to the commission of an offence, may authorize a police officer—
offence
“offence” means any act or omission made punishable by any law for the time being in force;
to intercept, detain and open any postal article in the course of transmission by post;
to intercept any message transmitted or received by any communication; or
to intercept, listen to or record any conversation by communication.
The Public Prosecutor, if he considers that any communication is likely to contain any information relating to the commission of an offence, may—
communication
“communication” means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;
require a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or
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about to be received or transmitted by that communications service provider; or
authorize a police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such device.
Where any person is charged with an offence, any information obtained under subsection (1) or (2), whether before or after such person is charged, shall be admissible in evidence at his trial.
An authorization by the Public Prosecutor under this section may be given either orally or in writing, but if an oral authorization is given, the Public Prosecutor shall as soon as practicable reduce the authorization in writing.
The Court shall take cognizance of any authorization by the
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
Public Prosecutor under this section.