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The Prevention of Terrorism Act, 2002

39. Decision by Competent Authority on application for interception.-

1.  Upon such application, the Competent Authority may reject the application, or issue an order, as requested or as modified, authorising or approving interception of wire, electronic r oral communications, if the Competent Authority determines on the basis of the facts submitted by the applicant that-

a.   there is a probable cause for belief that an individual is committing, has committed, or is about to commit, a particular offence described and made punishable under sections 3 and 4 of this Act;

b.   there is a probable cause of belief that particular communications concerning that offence may be obtained through such interception;

c.   there is probable cause of belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used or are about to be used, in connection with the commission of such offence, leased to, or are listed in, the name of or commonly used by such person.

2.  Each order by the Competent Authority authorising or approving the interception of any wire, electronic or oral communication under this section shall specify-

a.   the identity of the person, if known, whose communications are to be intercepted;

b.   the nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;

c.   a particular description of the type of communication sought to be intercepted, and a statement of the particular offence to which it relates;

d.   the identity of the agency authorised to intercept the communications, and the person authorising the application; and

e.   the period of time during which such interception is authorised, including a statement as to whether or not the interception shall automatically terminate after the described communication has been first obtained.

The Prevention of Terrorism Act, 2002 Back

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