Organized Crime Prevention Act, 2014

25. Permission to be obtained: (1) For recording communication under Section 23, the permission of the Authorized Officer shall be obtained.

(2) To obtain permission under subsection (1), the Investigation Officer, Police Superintendent, or Officer shall submit a written application to the Authorized Officer, attaching the following details:-

(a) Name and post of the officer making the application,

(b) As far as possible, the nature of the organized crime, the place where such crime is being, has been, or may be committed, and other details related to such crime,

(c) The medium of communication to be recorded and the place of recording,

(d) The available details of the person whose communication is to be recorded.

(3) Upon receipt of an application under subsection (2), the Authorized Officer may require the applicant officer to submit further evidence.

(4) Upon receipt of an application under subsection (2), the Authorized Officer may, considering the state of the investigation and the following matters, grant permission to record communication:-

(a) If there are reasonable grounds that the organized crime mentioned in the application has been, is being, or may be committed,

(b) If there are reasonable grounds that recording communication may lead to obtaining evidence related to the organized crime,

(c) If ordinary attempts to collect evidence have failed or appear likely to fail, or if doing so appears to be extremely risky,

(d) If there are reasonable grounds that the communication device is owned by, under the charge or control of, or is regularly used by the concerned person.

(5) Permission granted under subsection (4) may be given for a maximum of sixty days.

(6) While granting permission under subsection (4), the Authorized Officer shall specify the following matters in the permission letter:-

(a) Name, surname, residence, and other available details of the person whose communication is to be recorded,

(b) The communication medium to be recorded and the place of recording,

(c) If the body and officer recording the communication are specified, their name, post, and other details,

(d) The period for which permission to record communication is granted.

(7) While granting permission under this Section, the Authorized Officer shall ensure that the communication is recorded only by the Investigation Officer himself, or by other police personnel or the operator of the communication service under his direct instruction and supervision.

(8) While granting permission to record communication under this Section, the Authorized Officer shall order the communication service provider, or the owner or operator of such business, or other concerned person to make available the necessary technical assistance and communication service to the officer authorized to intercept such information, in a manner that does not create any hindrance to the concerned person in receiving the facility or service of the concerned institution.

(9) The proceedings or orders under this Section shall be conducted confidentially, and if any person other than the authorized person is informed or hinted in any manner about such proceedings or orders, the person doing so shall be deemed to have committed an offense under this Act as an accessory.