Section 69 IT Act: Power to issue directions for interception or monitoring or decryption of any information through any computer resource
Information Technology Act, 2000
Section 69 IT Act at a Glance
Section 69 IT Act lets the Central or State Government, or a specially authorised officer, order a government agency to intercept, monitor or decrypt information in any computer resource. Failing to assist carries up to 7 years imprisonment and liability to fine.
Up to 7 years, under sub-section (4)
Section 69 IT Act Bare Act Text
69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource.
(1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.
(2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
(3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to—
(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or
(b) intercept, monitor, or decrypt the information, as the case may be; or
(c) provide information stored in computer resource.
(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
Amendments to this section
- Subs. by s. 34, ibid., for section 69 (w.e.f. 27-10-2009).
Section 69 IT Act in Simple Words
Section 69 IT Act empowers the government to order the interception, monitoring or decryption of information in a computer resource, and punishes failure to assist the directed agency. Under Section 69(1) IT Act, the Central Government, a State Government, or an officer specially authorised by either government may issue an order after recording reasons in writing. The authority must be satisfied that doing so is necessary or expedient in the interest of the sovereignty or integrity of India, the defence of India, the security of the State, friendly relations with foreign States, or public order, or for preventing incitement to the commission of any cognizable offence (an offence where the police can register an FIR and arrest without a warrant) relating to any of those matters, or for the investigation of any offence. The order directs an agency of the appropriate Government to intercept, monitor or decrypt information generated, transmitted, received or stored in any computer resource, or to cause that to be done.
Under Section 69(2) IT Act, interception, monitoring or decryption under Section 69(1) IT Act is carried out subject to the procedure and safeguards that are prescribed. Under Section 69(3) IT Act, when an agency referred to in Section 69(1) IT Act calls upon the subscriber, the intermediary (a term defined in Section 2 IT Act, along with 'computer resource'), or any person in charge of the computer resource, that person or entity must extend all facilities and technical assistance. Section 69(3) IT Act lists three forms of assistance: under clause (a), providing access or secure access to the computer resource generating, transmitting, receiving or storing the information; under clause (b), intercepting, monitoring or decrypting the information, as the case requires; or under clause (c), providing information stored in the computer resource.
Under Section 69(4) IT Act, any subscriber, intermediary or person who fails to assist the agency referred to in Section 69(3) IT Act faces imprisonment for up to 7 years and is also liable to fine. Because the maximum imprisonment exceeds 3 years, Section 77B IT Act and Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) make the offence cognizable, non-bailable (bail is decided by the court and cannot be claimed as of right), and triable by a Magistrate of the first class, while Section 77A IT Act bars compounding (a court cannot close the case through a settlement). Act 10 of 2009 substituted the present Section 69 IT Act, together with Sections 69A and 69B IT Act, for the original Section 69 IT Act with effect from 27 October 2009.
Ingredients of Section 69 IT Act
- The Central Government, a State Government, or an officer specially authorised by either government is satisfied that action is necessary or expedient on a ground listed in Section 69(1) IT Act (sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, preventing incitement to a related cognizable offence, or investigation of any offence).
- The authority records reasons in writing and issues an order directing an agency of the appropriate Government to intercept, monitor or decrypt information generated, transmitted, received or stored in a computer resource, subject to the procedure and safeguards prescribed under Section 69(2) IT Act.
- The directed agency calls upon the subscriber, intermediary, or person in charge of the computer resource under Section 69(3) IT Act to extend facilities and technical assistance for access, interception, monitoring, decryption, or stored information.
- The subscriber, intermediary, or person fails to assist the agency as required under Section 69(3) IT Act, attracting punishment under Section 69(4) IT Act.
Punishment Under Section 69 IT Act
Up to 7 years, under sub-section (4)
Liable to fine, in addition to imprisonment
Section 77B IT Act makes an offence punishable with imprisonment of 3 years and above cognizable, but makes only one punishable with 3 years bailable. Part II of the First Schedule to the BNSS decides the rest: an offence punishable with imprisonment for 3 years and upwards but not more than 7 years is non-bailable and is tried by a Magistrate of the first class. Section 77A IT Act does not allow it to be compounded, because the punishment exceeds 3 years.
Failing to assist the government agency under Section 69(4) IT Act is punishable with imprisonment for up to 7 years, and the offender is also liable to fine in addition to imprisonment. Under Section 77B IT Act and Part II of the First Schedule to the BNSS, the offence is cognizable, non-bailable, and triable by a Magistrate of the first class. Under Section 77A IT Act, the offence cannot be compounded because the maximum imprisonment exceeds 3 years.
Example of Section 69 IT Act
When Section 69 IT Act Does Not Apply
- Under Section 69(1) IT Act, an interception, monitoring or decryption direction requires satisfaction on one of the grounds stated in Section 69(1) IT Act and reasons recorded in writing, subject to the procedure and safeguards prescribed under Section 69(2) IT Act.
- Punishment under Section 69(4) IT Act applies only when an agency referred to in Section 69(1) IT Act has called upon a subscriber, intermediary, or person in charge under Section 69(3) IT Act and that person or entity fails to extend the required facilities or technical assistance.
FAQs on Section 69 IT Act
What is Section 69 IT Act?▼
Section 69 IT Act empowers the Central Government, a State Government, or a specially authorised officer to direct a government agency, by written order with recorded reasons, to intercept, monitor or decrypt information in any computer resource on specified grounds. Under Section 69(4) IT Act, a subscriber, intermediary, or person who fails to assist that agency faces up to 7 years imprisonment and is also liable to fine.
Can a State Government issue an order under Section 69 IT Act?▼
Yes. Section 69(1) IT Act gives this power to both the Central Government and a State Government, as well as to any officer specially authorised by either government in that behalf. The authority must record reasons in writing and act on one of the grounds listed in Section 69(1) IT Act.
Can an order under Section 69 IT Act be issued for investigating an offence?▼
Yes. Alongside sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, and preventing incitement to a cognizable offence relating to those grounds, Section 69(1) IT Act explicitly allows an order for the investigation of any offence.
Who must assist the government agency under Section 69(3) IT Act?▼
Subscribers, intermediaries, and persons in charge of the computer resource. Under Section 69(3) IT Act, when called upon by the agency, any of them must extend all facilities and technical assistance to provide access or secure access to the computer resource, intercept, monitor or decrypt the information, or provide stored information.
Is the offence under Section 69(4) IT Act bailable or compoundable?▼
No. Because the offence carries up to 7 years imprisonment, it is non-bailable under Part II of the First Schedule to the BNSS and cannot be compounded under Section 77A IT Act. It is a cognizable offence triable by a Magistrate of the first class.
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Sources: Bare Act Text, Information Technology Act, 2000 ·