Phone Tapping is strictly banned in India according to the Telegraphic Act. There are strict procedures that are to be followed while permitting the tapping of a phone which were prescribed by the Supreme Court in the judgement delivered in the PUCL vs Union of India case in 1997. Here are the various guidelines regarding phone tapping:
1. If a telephone needs to be tapped, then the Central home secretary or the respective state government (this is not applicable as Telangana can not order to tap AP phones) can issue an order to this effect.
2. Strong reasons have to be specified in to get the directive for phone tapping. Also the issued order will be in force only for two months unless there is another order. In the second case, the home secretary will have the right to extend the order by another six months only.
3. After all this, the absolute power does not rest with the home secretary and states, clearly in the same judgment, it is mentioned that such an order shall be subject to review by the Cabinet, law and telecommunication secretary who will need to review the same in 2 months time of the date the order has been passed.
