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Report No. 42

Chapter XIX

Offences against Privacy

188. Substitution of new Chapter for Chapter XIX.-

For Chapter XIX of the Code, the following Chapter shall be substituted, namely.-

490. Use of artificial listening or recording apparntus.- (1) Whoever, knowing that any artificial listening or recording apparatus has been introduced into any premises without the knowledge or consent of the person in possession of the premises, listens to any conversation with the aid of such apparatus or uses such apparatus for the purposes of recording any conversation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

(2) Whoever publishes any conversation or a record thereof, knowing that it was listened to or recorded with the aid of any artificial listening or recording apparatus introduced into any premises without the knowledge or consent of the person in possession of the premises, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

491. Unauthorised photography.- (1) Whoever, intending to cause, or knowing it to be likely that he will cause, annoyance to any person, takes a photograph of that person without his consent elsewhere than in a public place, or takes his photograph in a public place when that person has prohibited such taking, shall be punished with simple imprisonment for a term which may extend to six months or with fine, or with both.

(2) Whoever, intending to cause, or knowing it to be likely that he will cause, annoyance to any person, publishes any photograph of that person taken in contravention of sub-section (1) shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

492. Exception regarding certain acts of public servants, and persons acting under their directions.- Nothing in section 490 or section 491 applies

(a) to a public servant acting in-good faith in the course of his duties connected with the security of State, the prevention, detection or investigation of offences, the administration of justice, or the maintenance of public order, or

(b) to persons acting under the directions of such public servant."



Indian Penal Code Back




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