Communication Convergence Bill,Department of Telecommunications

CHAPTER XV

INTERCEPTION OF COMMUNICATION AND PUNISHMENT FOR UNLAWFUL INTERCEPTION
Interception of communication and safeguards.
66.(1)Subject to the prescribed safeguard,the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government,on the occurrence of any public emergency or in the interests of the security,sovereignty and integrity of India,friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, may direct:
(i) any agency of that Government to intercept any communication on any network facilities or services;
(ii) any service provider that any content brought for communication by or communicated or received by, him shall not be communicated or shall be intercepted or detained or shall be disclosed to that Government or its agency authorized in this behalf:

(2) The service provider shall, when called upon by any agency, which has been directed to carry out interception under sub-section (1), extend all facilities and technical assistance for interception of the content of communication.
(3) Any service provider who fails to assist the agency referred to in sub-section (2) shall be punished with imprisonment for a term, which may extend to seven years.
(4) Save as otherwise provided under this section, any person, who intercepts any communication or causes any communication to be intercepted or discloses to any person, any content shall be punishable with imprisonment which may extend to five years or with fine which may extend up to ten lakh rupees, and, for a second and subsequent offence, with imprisonment which may extend to five years and with fine which may extend up to fifty lakh rupees .

Explanation-For the purposes of this section,"interception" means the aural or other acquisition of the content thriugh the use of such devices or means as may be necessary for such acquisition.
67.Nothing in this Chapter shall affect the provision of section69 of the Information Technology Act,2000.