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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-29082024-256724
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 483]
NEW DELHI, WEDNESDAY, AUGUST 28, 2024/ BHADRA 6, 1946
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 28th August, 2024
G.S.R. 522(E).—The following draft rules, which the Central Government proposes to make in exercise of
the powers conferred under clause (a) of sub-section (2) and sub-section (4) of section 20 read with clauses (t) and (u)
of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), are hereby published for the
information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be
taken into consideration after the expiry of a period of thirty days from the date on which copies of this notification as
published in the Official Gazette, are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of
Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka Road, New
Delhi - 110001;
The objections or suggestions which may be received from any person with respect to the said draft rules
before the expiry of the aforesaid period shall be taken into consideration by the Central Government.
1. Short title, commencement and savings
(1) These rules may be called the Telecommunications (Procedures and Safeguards for Lawful Interception of
Messages) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall be in supersession of rule 419 and 419A of The Indian Telegraph Rules, 1951 under the
Indian Telegraph Act, 1885 (13 of 1885), but shall not override the terms and conditions of existing orders
relating to interception of messages under those rules, which shall continue to apply till the date of expiry of the
time period for interception as specified in such order.
2. Definitions
(1) In these rules, unless the context otherwise requires:
(a) "Act" means The Telecommunications Act, 2023 (44 of 2023);
(b) "authorised agency" means the law enforcement or security agency authorised by the Central
Government for the purposes of these rules;
(c) "competent authority" means the Union Home Secretary in the Ministry of Home Affairs in the case of
the Central Government, or the Secretary to the State Government in-charge of the Home Department in
the case of a State Government;
(d) "interception order” means an order for interception of a message or class of messages pursuant to sub-
section (2) of section 20 of the Act, issued under rule 3 of these rules;
(e) "review committee" means the committee constituted under rule 5 of these rules;
(f) "rules" means the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages)
Rules, 2024;
(g) "telecommunication entity" means any person providing telecommunication services, or establishing,
operating, maintaining, or expanding telecommunication network, including an authorised entity holding
an authorisation under sub-section (1) of section 3 of the Act, or a person exempted from the requirement
of authorisation under sub-section (3) of section 3 of the Act.
(2) The words and expressions used in these rules and not defined herein but defined in the Act shall have the
meaning assigned to them in the Act.
3. Interception of message or class of messages by authorised agencies
(1) The Central Government may, by an order, specify one or more authorised agencies to intercept or receive any
message or class of messages pursuant to an interception order, for the reasons specified under sub-section (2)
of section 20 of the Act.
(2) The competent authority may, through an interception order, direct interception of any message or class of
messages:
Provided that, in unavoidable circumstances, such order may be made by an officer, not below the rank of a
Joint Secretary to the Central Government, who has been duly authorised for this purpose by the competent
authority.
(3) Notwithstanding anything stated in sub-rule (2), in emergent cases in remote areas, or for operational reasons,
where it is not feasible for the competent authority or such other officer specified under the proviso to sub-rule
(2), to issue an interception order, such order may be issued by the Head or the second senior most officer not
below the rank of Inspector General of Police of an authorised agency, and the following provisions shall
apply:
(a) a copy of such interception order shall be submitted within three (3) working days of the date of its
issuance to the competent authority, and the competent authority shall, if it considers appropriate, confirm
such order within a period of seven (7) working days from the date of issue;
(b) if the competent authority does not confirm such interception order within seven (7) working days from
the date of issue:
(i) such interception shall forthwith cease;
(ii) any messages intercepted shall not be used for any purpose, including as evidence in a court of law;
and
(iii) copies of messages intercepted pursuant to such order shall be destroyed within two (2) working
days, and confirmation of the same shall be submitted in writing to the competent authority.
(4) In case of non-confirmation of interception orders by the competent authority under sub-rule (3), the same
message or class of messages shall not be intercepted by the authorised agency, without an interception order
by the competent authority.
(5) Any interception order issued under sub-rule (2), or confirmed by the competent authority under sub-rule (3),
shall be submitted to the relevant review committee at the Central or State level within a period of seven (7)
working days from the date of issuance or confirmation, as the case may be.
(6) No interception order under sub-rule (2) and (3) shall be made, unless the authority issuing such order has
considered and determined that it would not be possible to acquire the necessary information by any other
reasonable means.
(7) The interception pursuant to an interception order, shall be related to the interception of any message or class of
messages as are sent to or from any person or class of persons or relating to any particular subject, whether
such message or class of messages are received at one or more addresses as may be specified in the order, or
which are likely to be used for the transmission of message or class of messages from or to one particular
person specified in the order, or any set of premises or telecommunication equipment specified in the order.
(8) An interception order shall:
(a) specify the authorised agency that will undertake the interception;
(b) specify the reasons for such interception pursuant to sub-section (2) of section 20 of the Act, and limit the
use of any intercepted message to the provisions of sub-section (2) of section 20; and
(c) remain in force, unless revoked earlier, for a period not exceeding sixty (60) calendar days from the date
of issuance of such order, and may be renewed for further period, provided that no such order shall
remain in force beyond the duration of one hundred and eighty (180) calendar days.
(9) The authorised agency undertaking the interception as specified under sub-clause (a) of sub-rule (8), shall
maintain secure records, including but not limited to:
(a) the intercepted message or class of messages;
(b) the particulars of persons whose message or class of messages has been intercepted;
(c) the name and particulars of the officer or the authorised agency to whom the intercepted message or
class of messages has been disclosed;
(d) the number of physical or digital copies of the intercepted message or class of messages made;
(e) the mode or the method by which such copies are made;
(f) the date of destruction of the copies; and
(g) the duration for which the directions of interception in an interception order are to remain in force.
(10) Records pertaining to an interception order and of intercepted messages shall be destroyed by the competent
authority and the authorised agency, every six months unless these are, or likely to be, required for functional
requirements.
(11) Records pertaining to an interception order shall be destroyed by the Department of Telecommunications and
the telecommunication entity within two months of discontinuance of interception pursuant to such interception
order.
(12) Nothing in these rules shall apply to the demonstration and testing of lawful interception systems and
monitoring facilities that the Central Government may require telecommunication entities to put in place.
4. Procedure for implementing an Interception Order
(1) Each authorised agency shall authorise two nodal officers, not below the rank of Superintendent of Police or
equivalent rank, to communicate an interception order issued under sub-rule (2) and sub-rule (3) of rule (3) to
the nodal officer of the Department of Telecommunications or nodal officer of the telecommunication entity, as
the case may be.
(2) The Department of Telecommunications shall authorise two nodal officers in every service area to receive and
act upon the interception orders.
(3) Each telecommunication entity shall notify to the Central Government in the form specified for this purpose,
two senior employees in every service area of its operation, as nodal officers authorised to implement the
interception orders.
(4) The authorised agency, the Department of Telecommunications, and telecommunication entity shall ensure
that:
(a) any matter relating to an interception order is handled only by nodal officers authorised for this purpose;
(b) adequate and effective internal safeguards are implemented to prevent any unauthorised interception of
messages; and
(c) confidentiality and secrecy is maintained in the matter of interception of messages.
(5) The nodal officer of the authorised agency specified in the interception order shall convey the interception
order to the nodal officer of the Department of Telecommunication or to the nodal officer of the relevant
telecommunication entity, as the case may be, in writing or using any other mode of communication as
specified by the Central Government for this purpose.
(6) The nodal officer of the Department of Telecommunications or the telecommunication entity, as the case may
be, shall:
(a) within two hours of receiving the communication under sub-rule (6), acknowledge receiving such
communication; and
(b) submit fortnightly reports to the authorised agency from which it received such communication,
comprising of the list of interception orders received during the preceding fortnight in the format as may
be specified by the Central Government for this purpose.
(7) The telecommunication entity shall be responsible for any action of its employees, including its vendors, that
results in any unauthorised interception, or any violation of these rules.
5. Constitution and working of the review committee
(1) The review committee at the Centre shall consist of the following members:
(a) Cabinet Secretary-
Chairman;
(b) Secretary to the Central Government In-charge, Legal Affairs-
Member; and
(c) Secretary to the Central Government, Department of
Telecommunications-
Member.
(2) The review committee at the State shall consist of the following members:
(a) Chief Secretary of the State-
Chairman;
(b) Secretary Law or Legal Remembrancer In-charge, Legal Affairs-
Member; and
(c) Secretary to the State Government, other than the Home Secretary-
Member.
(3) The review committee constituted under sub-rule (1) and sub-rule (2) shall meet every two (2) months and
record its findings as regards whether the interception orders under rule 3 are in accordance with the provisions
of sub-section (2) of section 20 read with sub-section (4) of section 20 of the Act. Where the review committee
is of the opinion that the interception order is not in accordance with sub-section (2) of section 20 read with
sub-section (4) of section 20 of the Act, it may set aside such order and order for destruction of the copies of
the intercepted message or class of messages.
[F.No.24-05/2024-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.
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