4 minutes agoAuthor: Sandeep Singh
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smart fone Today has become the most common source of conversation. Millions of people do everything daily from personal things to business deal on phone calls. Many times people record these calls as evidence. But when these recordings are used to intimidate, threaten or spoil someone’s image, it is not just immoral, but also a crime under Indian law. Recording one’s conversations without permission is considered a serious violation of privacy. You can complain against such a person.
So let’s Learn your rights In the column of the column of what the law says about call recording in India? Will also know that-
- Can you record your own call?
- What to do if someone records your personal talk?
Expert: Saroj Kumar Singh, Advocate, Supreme Court
Question- What does the law say about call recording?
answer- Advocate Saroj Kumar Singh explains that there is not a special law regarding call recording in India, but some streams of different laws make a legal structure. Mainly three laws are considered related to it-
Question- What does the court say about call recording without permission?
answer- From the Supreme Court to different courts, it can be understood from many important decisions when it will be considered valid and when it will be considered illegal. Understand this from these points-
Justice K.S. Puttaswamy vs Government of India (2017)- Supreme Court Recording without consent calls can be a violation of privacy. No government institution or person can record someone’s conversation unless it is in law and public interest.
Manav Ranjan Tripathi vs. Uttar Pradesh State (2022)- Allahabad High Court A political person went viral on social media by recording calls without consent calls. The court said that this is clearly a violation of privacy and a case is made against it in the IT Act and now BNS sections.
Rajatilak Das vs Uttar Pradesh State Government (2009)- Allahabad High Court
An attempt was made by the husband to record the wife’s calls and present it in the court. The court said that without consenting recording is a violation of privacy and it can be limited in a marital dispute.
R. M. Malkani vs Maharashtra State (1973)- Supreme Court The Supreme Court said that if the person recording the call is involved in that conversation and no other law is broken then the recording will not be considered illegal. The state of Jammu and Kashmir (2013) Jammu and Kashmir High Courtjmu and Kashmir High Court said that when the call recording itself is not involved in the conversation, it is not illegal.
Question- If the call recording is already on in mobile, is it a legal offense?
answer- If you are involved in that call yourself and are recording it is not considered illegal. But if that recording is used with blackmail, threats or any wrong purpose, then it is a crime. It is strictly illegal to secretly record someone else’s conversation or listen to someone from a hacking device.
Question- What should be kept in mind while recording calls so that it is considered moral and legally correct?
answer- Advocate Saroj Kumar Singh explains that if the call recording is done under the correct objective and rules, then it can be moral and also legally acceptable in many cases. For this, always inform the front and take their consent before starting the conversation. Records only for legal evidence, service improvement or necessary documentation. Also protect the recording from techniques like password or encryption so that there is no misuse.
Question- Can call recording can be used as evidence in court?
answer- Yes, if the call recording has been done in a legitimate manner, that is, the recording herself is involved in that conversation and the conversation is authentic, then it can be presented as evidence in the court. However, the court investigates whether the recording did not violate anyone’s privacy and can it be accepted legally.
Question- How to identify that your call is being recorded?
answer- If you suspect that your call is recording someone, then it can be gauged from some signs. During the call, clicking or light beep-like sounds in the background, frequent disturbances in the voice or the sound of a third person amidst the conversation can all be the possible signs that the call is being recorded.
Question- If someone is threatening me or blackmailing me, can I record his call?
answer- Yes, if you are involved in that conversation yourself and are gathering evidence of threatening or blackmail, then recording is true. But use it only for complaints or legal action in the police. It is wrong to put it on social media or send it to others. This can make a case against you yourself.
Question- Are there any rules for recording call center or customer care calls?
answer- Yes, when you call a call center or customer care, it is initially said that the call is being recorded. This is considered your consent. The purpose of such recording is just to improve service, not to misuse your personal information.
Question- Do the same rules apply to the recording of video calls just like voice calls?
answer- Yes, recording of video calls also comes under the right to privacy. It is a serious crime to recording, viral or defame someone’s video without consent. Related sections of Section 66E and BNS of IT Act may apply to this.
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