(a) the identity of the investigative or law enforcement officer making the application, and the head of the department authorising the application;
(b) a statement of the facts and circumstances relied upon by" the applicant, to justify his belief that an order should be issued, including,-
(i) details as to the offence of organised crime that has been, is being, or is about to be committed;
(ii) a particular description of the nature and location of the facilitates from which or the place where the communication is to be intercepted;
(iii) a particular description of the type of communications sought to be intercepted; and
(iv) the identity of the person, if known committing the offence of organised crime whose communications are to be intercepted;
(c) a statement as to whether or not other modes of enquiry or intelligence gathering have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;
(d) a statement of the period of time for which the interception is required to be maintained. If the nature of the enquiry is such that the authorisation for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.
(e) a statement of the facts concerning all previous applications known to the individual authorising and making the application, made to the Competent Authority for authorisation to intercept, or for approval of interceptions of, wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application and the action taken by the Competent Authority on each such application; and
(f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(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 for belief that particular communications concerning that offence will be obtained through such interception;
(c) normal modes of enquiry and intelligence gathering have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;
(d) there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted or be 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.
(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 of 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 when the described communication has been first obtained.
(a) an emergency situation exists that involves,-
(i) immediate danger of death or serious physical injury to any person;
(ii) conspiratorial activities threatening the security or interest of the State: or
(iii) Conspiratorial activities, characteristic of organized crime, that requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorising such interception can, with due diligence, be obtained, and
(b) there are grounds upon which an order could be issued under this Section to authorise such interception;
(b) Applications made and orders issued under this section shall be sealed by the competent authority. Custody of the applications and orders shall be wherever the competent authority directs and shall not be destroyed except on an order of the competent authority, and in any event shall be kept for ten years.
(a) "Wire communication" means any aural transfer made in the whole or part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of connection, between the point of origin and the point of reception (including the use of such i connection in switching station) and such term includes any electronic storage of such communication;
(b) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication;
(c) "electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include,-
(i) the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and base unit;
(ii) any wire or oral communication;
(iii) any communication made through a tone only paging device: or
(iv) any communication from a tracking device;
(d) "intercept" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device.
Section 14 • Andhra Pradesh Control of Organised Crime Act, 2001
14. Authorisation of interception of wire, electronic or oral communication.
andhra-pradesh-control-of-organised-crime-act-2001-sec-14.json
•
Section 14
{
"act_title": "Andhra Pradesh Control of Organised Crime Act, 2001",
"act_slug": "andhra-pradesh-control-of-organised-crime-act-2001",
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"section": {
"number": "14",
"title": "14. Authorisation of interception of wire, electronic or oral communication.",
"chapter": null,
"content": "(a) the identity of the investigative or law enforcement officer making the application, and the head of the department authorising the application;\n(b) a statement of the facts and circumstances relied upon by\" the applicant, to justify his belief that an order should be issued, including,-\n(i) details as to the offence of organised crime that has been, is being, or is about to be committed;\n(ii) a particular description of the nature and location of the facilitates from which or the place where the communication is to be intercepted;\n(iii) a particular description of the type of communications sought to be intercepted; and\n(iv) the identity of the person, if known committing the offence of organised crime whose communications are to be intercepted;\n(c) a statement as to whether or not other modes of enquiry or intelligence gathering have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;\n(d) a statement of the period of time for which the interception is required to be maintained. If the nature of the enquiry is such that the authorisation for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.\n(e) a statement of the facts concerning all previous applications known to the individual authorising and making the application, made to the Competent Authority for authorisation to intercept, or for approval of interceptions of, wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application and the action taken by the Competent Authority on each such application; and\n(f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.\n(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;\n(b) there is a probable cause for belief that particular communications concerning that offence will be obtained through such interception;\n(c) normal modes of enquiry and intelligence gathering have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;\n(d) there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted or be 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.\n(a) the identity of the person, if known, whose communications are to be intercepted;\n(b) the nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;\n(c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offence to which it relates;\n(d) the identity of the agency authorised to intercept the communications, and of the person authorising the application; and\n(e) the period of time during which such interception is authorised, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.\n(a) an emergency situation exists that involves,-\n(i) immediate danger of death or serious physical injury to any person;\n(ii) conspiratorial activities threatening the security or interest of the State: or\n(iii) Conspiratorial activities, characteristic of organized crime, that requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorising such interception can, with due diligence, be obtained, and\n(b) there are grounds upon which an order could be issued under this Section to authorise such interception;\n(b) Applications made and orders issued under this section shall be sealed by the competent authority. Custody of the applications and orders shall be wherever the competent authority directs and shall not be destroyed except on an order of the competent authority, and in any event shall be kept for ten years.\n(a) \"Wire communication\" means any aural transfer made in the whole or part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of connection, between the point of origin and the point of reception (including the use of such i connection in switching station) and such term includes any electronic storage of such communication;\n(b) \"oral communication\" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication;\n(c) \"electronic communication\" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include,-\n(i) the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and base unit;\n(ii) any wire or oral communication;\n(iii) any communication made through a tone only paging device: or\n(iv) any communication from a tracking device;\n(d) \"intercept\" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device.",
"footnote": "",
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"sort_order": 13
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