Call Recording/ Phone Tapping Call Recording/ Phone Tapping

5 months ago

Hi Sir/Ma'am,

My brother's wife did call recording/ phone tapping of my family members conversation in my brothers mobile. She than transferred it to her mobile from passward locked mobile of my brother and run away from brothers home after theft.
Than she did multiple cases of 498a, domestic violence, 125 etc.
She did divorce case against my brother and submitted those call recordings with transcript in court.
Please help me I would like to take action against her under cyber laws.
She did my privacy violation under article 21 and under telegraphic act also. Please suggest what else I could cover?

Anik

Responded 5 months ago

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A.Dear Client,
Article 21 of the Indian Constitution forbids the unauthorized recording of phone calls. Only authorized phone tapping with permission from the relevant department is permitted. However, if it is conducted in an unauthorized manner, it is illegal and the perpetrator will be prosecuted for invasion of privacy. The law of India prohibits intercepting or recording private conversations without the parties' consent. Generally speaking, unauthorized recordings are not admissible as evidence. Nevertheless, there are exceptions, such as recordings made in the public interest or to prevent a crime. In the case of PUCL v. UOI, it was held that secretly recording a person’s private conversations is a grave violation of the right to privacy of an individual.
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