Telecommunication

Laws in India
 Laws
1. Indian Telegraph Act, 1885
2. Indian Wireless Telegraphy Act, 1933
3. Telecom Regulatory Authority of India
Act, 1997
Indian Telegraph Act,
1885
 The Act
1. Indian Telegraph Act, 1885 – This Act authorizes
the GOI to grant telecom licenses on such
conditions and consideration of such payments
as it thinks fit
2. Licenses purpose - to any person to establish,
maintain, work a telegraph within any part of
India
3. This Act governs the use of wired and wireless
telegraphy, telephones, teletype, radio
communications and digital data
communications
 The Act
• GOI has exclusive jurisdiction and privileges for -
a) establishing;
b) maintaining,
c) operating;
d) licensing;
e) oversight of all forms of wired and wireless
communications within India
 The Act
• It authorizes the govt law enforcement agencies
a) to monitor/intercept (capture/seize)
communication and
b) tap phone lines under conditions defined
within the COI
• Act came into force on – 1st October, 1885
• Act gives CG power to establish telegraph lines on
private as well as public property
• At that time – India under British Raj
 The Act
• Telegraph first installed in 1851
• trans-India telegraph was completed 3 years later in
1854
• S.3 (1) – ‘telegraph’ – any appliance, instrument,
material or apparatus used or capable of use for
transmission or reception of signs, signals, writing,
images and sounds or intelligence of any nature by
wire, visual or other electro-magnetic emissions,
radio waves or electro-magnetic means
 The Act
• S.4 – Exclusive Privilege to CG in respect of –
a) establishing
b) maintaining and
c) working telegraphs
• CG may grant license on such conditions and
payments as it thinks fit to any person within India
• CG may allow for est, maintenance & working of –
a) Wireless telegraphs on ships within Indian territorial
waters and on aircraft within or above India and
b) Telegraphs other than wireless telegraphs within India
 Duty of the Govt
 S.5 – CG has Power to take possession of licensed telegraphs
and to order interception (capture/seizure) of messages -
 (1) On occurrence of any public emergency or in public safety,
CG or SG or any other officer specially authorized may if
satisfied that – it is necessary or expedient to take temporary
possession of any telegraph est, maintained or worked by any
person licensed under this Act
 (2) On occurrence of any public emergency or in public safety,
CG or SG or any other officer specially authorized may if
satisfied that – it is necessary or expedient to do –
 in the interests of sovereignty and integrity of India,
 Security of State,
 Friendly relations with foreign States or
 Public order or
 For preventing incitement to commission of an offence
 For reasons to be recorded in writing – by order – direct
that –
 Any message to or from any person brought for
transmission – shall not be
 transmitted (communicated) or
 Intercepted (seized or captured) or
 detained or
 Disclosed
 to the Govt making the order or an officer
mentioned in the order
 Provided – press messages intended to be
published – accredited to CG/SG shall not
seized/captured unless there transmission
prohibited under this section
 The Act
 S.7B – Arbitration of Disputes – (1) any dispute concerning
any
 Telegraph line
 Appliance or
 Apparatus
 Arises between telegraph authority and the
beneficiaries (customers) –
 Dispute shall be determined by arbitration
 Be referred to an arbitrator appointed by CG
 (2) award of arbitrator appointed shall be
conclusive between the parties to the dispute and
 Shall not be questioned in any court
 The Act
 S.8 – Revocation of Licenses – Govt may revoke the
license if any terms and conditions are violated or
in default of payment of any consideration
 S.9 – Govt not responsible for loss or damage –
which may occur in consequence of any telegraph
officer failing his duty with respect to the – receipt,
transmission or delivery of messages
 No such officer shall be responsible for any loss or
damage, unless he causes the same –
 negligently, maliciously or fraudulently
 The Act
 S.10 – Telegraph authority to place and maintain
telegraph lines and posts –
 For telegraph lines - They will do this under, over, along or
across
 And for posts – in or upon any immovable property
• a) authority will exercise powers u/this section only when
telegraph is/to be est and maintained by the CG
• b) CG shall not acquire any right other than that of user
only in property
• c) telegraph authority will exercise the powers wrt any
property vested under control or management of any local
authority, with the permission of that authority
 The Act
 S.15 – dispute between telegraph authority and local
authority – (1) to be solved by such officer as CG may
appoint
 (2) an appeal shall lie to CG and its order – shall be final

 S.19 – telegraph lines and posts before passing of this Act

– est or maintained by the CG, shall be deemed to have
been placed in the exercise of powers conferred under this
Act – to telegraph authority
 The Act
 S.19 B – CG may confer upon any licensee u/s.4 – all or
any of the powers which the telegraph authority
possesses under this Act wrt telegraph est or maintained
by Govt

 S.20 – if anyone est, maintains or works a telegraph within

India in contravention of S.4 or rules, then he shall be
punished –
 a) if telegraph is a wireless telegraph – with imprisonment
which may extend to 3 years or fine or both
 b) in any other case – with fine which may extend to
1000/-
 The Act
 S.21 – use of unauthorized telegraphs – if any person
knowingly or having reason to believe – in contravention of
the Act, transmits or receives any messages without having
licence for the same – fine of 50/-
 S.25 – intentionally damaging or tampering with
telegraphs – if any person intending to –
 A) prevent or obstruct the transmission or delivery of any
message; or
 B) acquaint himself with the contents of any message; or
 C) to commit mischief
 Damages, removes, tampers any telegraph line/machinery
– 3 years imp or fine or both
 Delhi Science Forum v. UOI, AIR 1996 SC 1356
 Challenged - a) Central Govt power to grant licences to
different non-Govt companies to establish and maintain
telecomms system in India
 B) the validity of the procedure adopted by the CG for the
grant of such licenses
 Central Government is expected to put such conditions
while granting licences, which shall safeguard the public
interest and the interest of the nation. Such conditions
should be commensurate with the obligations that flow
while parting with the privilege which has been exclusively
vested in the Central Government by the Act
 General Manager, Telecom v M. Krishna and Anr (AIR
2010 SC 90), a dispute arose regarding the non-payment of
bills by the respondent due to which the telephone
connection of the respondent was disconnected.
 The respondent filed a complaint before the District
Consumer Disputes Redressal Forum, Kohzikode, which
allowed the complaint and directed the appellant to
reconnect the telephone and pay compensation.
 A writ filed by the appellant in the High Court of Kerala
challenging the jurisdiction of the consumer forum was
dismissed.
 The appellant then came before the Supreme Court by way
of special leave.
 The Supreme Court held that as there is a special
remedy by way of arbitration provided in the
Indian Telegraph Act, and the remedy under the
Consumer Protection Act, is by implication barred.
 It is well settled that a special law overrides a
general law.
 Accordingly, the Supreme Court set aside the order
of the Kerala High Court as well as the order of the
District Consumer Forum.