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Report No. 156

Chapter XIX

Offences against Privacy

490. (1) Whoever, knowing that any artificial listening or recording apparatus has been introduced into or in the vicinity of 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 or in the vicinity of 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 both.

491. (1) Whoever, intending to cause, or knowing it to be likely that he will cause, annoyance to any person, takes, elsewhere than in a public place, a photograph of that person without his consent, 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.

(3) Whoever, takes a photograph of a place, building or thing knowing that the taking of such photograph is prohibited by a written notice affixed in such place, building or thing shall, except when the taking of such photograph is specifically authorised or permitted by the owner or occupant of such place, building or thing, be published with simple imprisonment which may extend to six months, or with fine, with both.

(4) Whoever knowingly publishes any photograph taken in contravention of sub-section (3) shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

492. Nothing in section 490 or section 491 shall apply-

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

(b) to person acting under the directions of such public servant; or

(c) to the use by any person of any listening or recording apparatus for any purpose authorised or permitted under any law"?



The Indian Penal Code Back




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