Indian Telegraph Act, 1885
5. Power for government to take possession of
licensed telegraphs and to order interception of messages
(1) On the occurrence of any public emergency, or in the interest
of the public safety, the Central Government or a State Government, or any
officer specially authorized in this behalf by the Central Government or a
State Government, may, if satisfied that it is necessary or expedient so to do,
take temporary possession (for so long as the public emergency exists or the
interest of the public safety requires the taking of such action) of any
telegraph established, maintained or worked by any person licensed under this
Act.
(2) On the occurrence of any public emergency, or in the
interest of the public safety, the Central Government or a State Government or
any officer specially authorized in this behalf by the Central Government or a
State Government may if satisfied that it is necessary or expedient so to do in
the interests of the sovereignty and integrity of India, the security of the
State, friendly relations with foreign states or public order or for preventing
incitement to the commission of an offence, for reasons to be recorded in
writing, by order, direct that any message or class of messages to or from any
person or class of persons, or relating to any particular subject, brought for
transmission by or transmitted or received by any telegraph, shall not be
transmitted, or shall be intercepted or detained, or shall be disclosed to the
government making the order or an officer thereof mentioned in the order:
PROVIDED that the press messages intended to be
published in India of correspondents accredited to the Central Government or a
State Government shall not be intercepted or detained, unless their
transmission has been prohibited under this sub-section.]