Information Technology Act Section 69 — Power to issue directions for interception or monitoring or decryption of any information through any computer resource
CHAPTER XI OFFENCES
Cyber Law
Summary
Sub-section (1) allows the Central Government, a State Government, or an officer specially authorised by either government to issue a written order directing any agency of the appropriate government to intercept, monitor, or decrypt information that is generated, transmitted, received, or stored in any computer resource. This power can be used only if the government is satisfied that it is necessary or expedient in the interest of India's sovereignty or integrity, defence of India, security of the State, friendly relations with foreign states, public order, preventing incitement to commit a cognizable offence related to these matters, or for investigating any offence. The order must record the reasons in writing, and it is subject to the provisions of sub-section (2).
Sub-section (2) states that the procedure and safeguards for carrying out such interception, monitoring, or decryption will be as prescribed, meaning as set out in rules or regulations made under the Act.
Sub-section (3) requires the subscriber, intermediary, or any person in charge of the computer resource to extend all facilities and technical assistance when called upon by an agency referred to in sub-section (1). Under clause (a), this assistance includes providing access to or securing access to the computer resource that generates, transmits, receives, or stores the information. Under clause (b), it includes intercepting, monitoring, or decrypting the information, as the case may be. Under clause (c), it includes providing information stored in the computer resource.
Sub-section (4) states that a subscriber, intermediary, or any person who fails to assist the agency as required under sub-section (3) will be punished with imprisonment for a term that may extend to seven years, and will also be liable to a fine.
Official Text
(1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement 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 imprisonment for a term which may extend to seven years and shall also be liable to fine.