The short and sweet answer to your question is Yes, call recordings are legal in India, and it has been like that for quite a while. Sure, there is nothing illegal to record a phone call, even without the other person knowing about it, but there is a lot you should know about this specific thing to always stay on the right side of the law.
What Does The Law Right Here In India Say About Call Recordings?
Well, to be honest, in India, we don’t have a clear law on the legality of recording phone calls. That’s how it is for now. But yes, we do have different laws that cover this area such as the Indian Telegraph Act of 1885, the Information Technology Act of 2000, and the Indian Penal Code of 1860. However, under the Indian Telegraph Act, the primary regulation of telephone services is by means that are approved by the government, while personal call recording doesn’t specifically come under it. In short, even though the recording of phone calls is not wrongly prohibited, the main focus of these laws is on the importance of safeguarding privacy and whether the recordings are used in a fair way or are misused to blackmail someone.
Legally Speaking, What Has Been The History Of Call Recordings In India?
You see, for one thing, over time judicial decisions have also introduced clarity into the issue of call recording. For example, the foundational ruling handed down by the Supreme Court in 1973 (R.M. Malkani v. State of Maharashtra) ruled that it is not against the law to record a conversation by someone participating in it unless it is in violation of other laws. Likewise, a ruling in 2013 (Zulfiqar Nasir v. State of Jammu & Kashmir) made a very similar reiteration, which indicated that recording a conversation without the other party’s consent is kinda legal for the people who live in J&K.
So yes, all of these rulings actually say that call recordings are legal in India, but they may not be used as solid proof in court, and yes, if you use the call recording of someone to blackmail them, well, that will be illegal no matter in which part of the world you live. So, that’s that.
So, Isn’t There Anything Wrong With Call Recordings In General?
As you may already know the right to privacy is stated in Article 21 of the Indian Constitution as a fundamental right that emphasizes that all persons must have their individual privacy protected no matter what. Without a doubt, you would be the person to record someone else’s phone conversation without their permission thereby violating their right to privacy. Even though it is legal in some situations to do that, it is very important ethically to look at the possible negative outcomes, you know? For sure, if you record a person on call without them knowing it, well, if they come to know that, it’ll be pretty bad for the trust factor. And sure, it can have a negative impact on your relationship with them.
