Is It Legal to Record a Phone Call or Conversation Without Consent in India?

Is It Legal to Record a Phone Call or Conversation Without Consent in India?

Yes, recording a phone call in India can be legally permissible, but only in limited situations.

Recording calls without consent can violate the right to privacy under Article 21 of the Constitution. Unauthorized recordings of private conversations may attract liability under the Information Technology Act, 2000, and the Indian Telegraph Act, 1885.

Under the Bharatiya Nyaya Sanhita, interception or misuse of private communications may also lead to criminal penalties.

However, one-party consent recordings are generally permitted, meaning a participant in the conversation may legally record it. Recording third-party calls without their knowledge or consent is illegal. Misuse or excessive reliance on such recordings is unlikely to be legally enforceable.

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