Smartphone is become the most common means of communication today. Millions of people conduct everything from personal conversations to business deals daily on phone calls. Sometimes people record these calls as evidence. However, when these recordings are used to intimidate, threaten or defame someone, it is not just unethical but also a crime under Indian law. Recording someone’s conversation without permission is considered a serious violation of privacy. You can file a complaint against such a person. So let’s see what the law says about call recording in India? Also can you record your own calls and what to do if someone records your private conversation? Question- What does the law say about call recording? Answer- Advocate Saroj Kumar Singh explains that in India there is no single specific law regarding call recording, rather sections of different laws form its legal framework. Mainly three laws are considered related to this- Question- What does the court say about call recording without permission? Answer- From the Supreme Court to different courts, it can be understood through several important judgments when this will be considered legal and when illegal. Understand this through these points- Justice K.S. Puttaswamy vs Union of India (2017) – Supreme Court
Recording calls without consent can be a violation of privacy. No government agency or individual can record someone’s conversation unless it is legal and in public interest. Manav Ranjan Tripathi vs State of Uttar Pradesh (2022) – Allahabad High Court
A call recording was made viral on social media without consent by a political person. The court said that this is clearly a violation of privacy and a case can be made under sections of IT Act and IPC (now BNS). Rajatilak Das vs State Government of Uttar Pradesh (2009) – Allahabad High Court The husband attempted to present his wife’s recorded calls in court. The court stated that recording without consent violates privacy and its use in marital disputes can only be limited. R. M. Malkani vs State of Maharashtra (1973) – Supreme Court
The Supreme Court stated that if the person recording the call is themselves involved in the conversation and no other law is being broken, the recording will not be considered illegal. Zulfikar Nasir vs State of Jammu and Kashmir (2013) Jammu-Kashmir High Court The Jammu-Kashmir High Court stated that when the person recording the call is themselves involved in the conversation, it is not illegal even without permission. Question – If call recording is already turned on in the mobile phone, is it still a legal offense? Answer- If you are personally involved in the call and recording it, it is not considered illegal. However, if the recording is used for blackmail, threats or any malicious purpose, then it is a crime. Secretly recording someone else’s conversation or listening to someone through hacking devices is strictly illegal. Question- What precautions should be taken while recording calls to ensure it is ethically and legally correct? Answer- Advocate Saroj Kumar Singh explains that call recording can be ethically and in many cases legally acceptable if done with proper purpose and under rules. For this, always inform the other party before starting the conversation and get their consent. Recording should only be done for legal evidence, service improvement or necessary documentation. Additionally, keep recordings secure with techniques like passwords or encryption to prevent misuse. Question- Can call recordings be used as evidence in court? Answer- Yes, if the call recording is done legally, meaning the person recording is part of the conversation and the conversation is authentic, then it can be presented as evidence in court. However, the court examines whether the recording violates anyone’s privacy and whether it can be legally accepted. Question- How to know if your call is being recorded? Answer- If you suspect that someone is recording your call, there are some signs that can indicate this. Clicking or soft beep sounds in the background during the call, frequent disturbances or lag in voice, or hearing a third person’s voice during the conversation – all these could be potential signs that the call is being recorded. Question- If someone is threatening me or blackmailing me over the phone, can I record their call? Answer- Yes, if you are personally involved in that conversation and are gathering evidence of threats or blackmail, then recording is legally correct. But use it only for police complaints or legal action. Posting it on social media or sending it to others is wrong. This can lead to a case against you. Question- Are there any rules for recording call center or customer care calls? Answer- Yes, when you call a call center or customer care, you are informed at the beginning that the call is being recorded. This is considered your consent. The purpose of such recording is only to improve service, not to misuse your personal information. Question- Do the same rules apply to recording video calls as voice calls? Answer- Yes, recording of video calls also falls under the right to privacy. Recording someone’s video without consent, making it viral or using it for defamation is a serious offense. IT Act section 66E and related sections of BNS can be applicable on this.
