(3) The Review Committee, after examining the entire record and holding such enquiry, if any, deemed necessary may, by order in writing, either approve the order passed by the Competent Authority or may issue order disapproving the same.
(4) On issue of an order of disapproval by the Review Committee, the interception, if any, already commenced shall be forthwith discontinued and the intercepted communication, if any, in the form of tape, wire or other device shall, thereupon, not be admissible as evidence in any case and shall be directed to be destroyed.
Interception and disclosure of wire, electronic or oral communications prohibited. 47. Except as otherwise specifically provided in section 39, any police officer who—
- (a) intentionally intercepts, endeavours to intercept, or procures any other person to intercept or endeavour to intercept any wire, electronic or oral communication;
- (b) intentionally uses, endeavours to use, or procures any other person to use or endeavours to use any electronic, mechanical or other device to intercept any oral communication when—
- (i) such device is affixed to, or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication; or
- (ii) such device transmits communications by radio,'or interferes with the transmission of such communication;
- (c) intentionally discloses, or endeavours to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this Chapter;
- (d) intentionally uses, or endeavours to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this Chapter;
- (e) intentionally discloses, or endeavours to disclose, to any other unauthorised person the contents of any wire, electronic or oral communication, intercepted by means authorised by section 39;
- (f) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of rejection by the Competent Authority under this Chapter;
- (g) intentionally continues the interception of wire, electronic or oral communication after the issue of an order of disapproval by the Review Committee under sub-section (i) of section 46,
shall for such violation be punishable with imprisonment for a term which may extend to one year and with fine up to rupees fifty thousand.
Annual report of interceptions. 48. (1) The Central Government and the State Government, as the case may be, shall cause an annual report to be prepared giving a full account of—
- (a) the number of applications for authorisation of interceptions received by the Competent Authority from the Police Department in which prosecutions have been launched;
- (b) the number of such applications permitted or rejected;
- (c) the number of interceptions carried out in emergency situations and the number of approvals granted or rejected in such matters;
- (d) the number of prosecutions launched based on such interceptions and convictions resulting from such interceptions, along with an explanatory memorandum giving general assessment of the utility and importance of the interceptions authorised.
