Post Office Act, its unbridled powers of interception

On December 24, 2023, the President of India gave assent to the Post Office Bill, 2023 which will replace the colonial-era Indian Post Office Act, 1898, as and when a notification to this effect is issued by the central government. Interception under central Acts On December 24, the Telecommunications Bill, 2023 also received the President’s assent which will replace two Central acts namely; the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933. Section 69 of the Information and Technology Act, 2000 also provides for interception of any information through any computer source, though the necessary requirement does not call for the occurrence of ‘any public emergency’ or any demand in ‘the interest of public safety’ as provided for in the Telegraph Act or in the Telecommunication Act. The interception of phones under the Telegraph Act continued without any procedural safeguards in place till the Supreme Court of India, in People’s Union for Civil Liberties vs Union of India, laid down the procedure and safeguards to check arbitrariness and a misuse of powers by authorities. More specifically, the Bombay High Court in Communist Party of India, Maharashtra Unit vs Commissioner of Police, Greater Bombay held that though section 26 of the Indian Post Office Act, 1898 does not in explicit terms require recording of reasons by Central Government or State Government or the specially authorised officer, such a requirement is implicit in it view of the nature of the power conferred by it to remain as a minimal safeguard against arbitrary exercise of this drastic power.