69. Powers to issue directions for interception or monitoring or decryption of any information through any computer resource

69. Powers to issue directions for interception or monitoring or decryption of any information through any computer resource

(1) Where the

• Central Government or
• a State Government or
• any of its officer specially authorized by the Central Government or the State Government, as the case may be,

in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of

• the sovereignty or integrity of India,
• defense of India,
• security of the State,
• friendly relations with foreign States or
• public order or
• for preventing incitement to the commission of any cognizable offence relating to above or
• for investigation of any offence,

it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted received or stored through any computer resource.

(2) The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.

(3) The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to –

(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or

(b) intercept or monitor or decrypt the information, as the case may be; or

(c) provide information stored in computer resource.

(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with

• an imprisonment for a term which may extend to seven years and
• shall also be liable to fine.