1
[20. Establishing, maintaining or working unauthorised telegraph.—(1) If any person
establishes, maintains or works a telegraph within 2
[India] in contravention of the provisions of
section 4 or otherwise tlian as permitted by rules made under that section, he shall be punished, if the
telegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, or
with both, and, in any other case, with a fine which may extend to one thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898),
offences under this section in respect of a wireless telegraph shall, for the purposes of the said Code, be
bailable and non-cognizable.
(3) When any person is convicted of an offence punishable under this section, the Court before which
he is convicted may direct that the telegraph in respect of which the offence has been committed, or any
part of such telegraph, be forfeited to Government.]
3
[20A. Breach of condition of license.—If the holder of a license granted under section 4
contravenes any condition contained in his license, he shall be punished with fine which may extend to
one thousand rupees, and with a further fine which may extend to five hundred rupees for every week
during which the breach of the condition continues.]
21. Using unauthorised telegraphs.—If any person, knowing or having, reason to believe that a
telegraph has been established or is maintained or worked, in contravention of this Act, transmits or
receives any message by such telegraph, or performs any service incidental thereto, or delivers any
message for transmission by such telegraph or accepts delivery of any message sent thereby, he shall
be punished with fine which may extend to fifty rupees.
22. Opposing establishment of telegraphs on railway land.—If a Railway Company, or an officer
of a Railway Company, neglects or refuses to comply with the provisions of section 6, it or he shall be
punished with fine which may extend to one thousand rupees for everyday during which the neglect or
refusal continues.
23. Instruction into signal-room, trespass in telegraph office or obstruction.—If any person—
(a) without permission of competent authority, enters the signal-room of a telegraph office of the
Government, or of a person licensed under this Act, or
(b) enters a fenced enclosure round such a telegraph office in contravention of any rule or notice
not to do so, or
(c) refuses to quit such room or enclosure on being requested to do so by any officer or servant
employed therein, or
(d) wilfully obstructs or impedes any such officer or servant in the performance of his
duty,
he shall be punished with fine which may extend to five hundred rupees.
24. Unlawfully attempting to learn contents of messages.—If any person does any of the acts
mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of
committing any offence punishable under this Act, he may (in addition to the fine with which he is
punishable under section 23) be punished with imprisonment for a term which may extend to one year.
25. Intentionally damaging or tampering with telegraphs.—If any person intending—
(a) to prevent or obstruct the transmission or delivery of any message, or
1. Subs. by Act 7 of 1914, s. 6, for section 20.
2. Subs. by Act 45 of 1948, s. 3, for “the Provinces”.
3. Ins. by Act 7 of 1914, s. 7.
13
(b) to intercept or to acquaint himself with the contents of any message , or
(c) to commit mischief,
damages, removes, tampers with or touches any battery, machinery, telegraph line, post or
other thing whatever, being part of or used in or about any telegraph or in the working
thereof,
he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with
both.
1
[25A. Injury to or interference with a telegraph line or post.—If, in any case not provided for
by section 25, any person deals with any property and thereby wilfully or negligently damages any
telegraph line or post duly placed on such property in accordance with the provisions of this Act, he
shall be liable to pay the telegraph authority such expenses (if any) as may be incurred in making
good such damage, and shall also, if the telegraphic communication is by reason of the damage so
caused interrupted, be punishable with a fine which may extend to one thousand rupees:
Provided that the provisions of this section shall not apply where such damage or interruption is
caused by a person dealing with any property in the legal exercise of a right if he has complied with
the provisions of section 19A (1).]
26. Telegraph officer or other official making away with or altering, or unlawfully intercepting
or disclosing messages, or divulging purport of signals.—If any telegraph officer, or any person, not
being a telegraph officer but having official duties connected with any office which is used as a telegraph
office,—
(a) wilfully secretes makes away with or alters any message which he has received for
transmission or delivery, or
(b) wilfully, and otherwise than in obedience to an order of the Central Government or of a
State Government, or of an officer specially authorized 2
[by the Central or a State Government]
to make the order, omits to transmit, or intercepts or detains, any message or any part thereof,
or otherwise than in pursuance of his official duty or in obedience to the direction of a
competent Court, discloses the contents or any part of the contents of any message, to any
person not entitled to receive the same, or
(c) divulges the purport of any telegraphic signal to any person not entitled to become acquainted
with the same,
he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with
both.
27. Telegraph officer fraudulently sending messages without payment.—If any telegraph
officer transmits by telegraph any message on which the charge prescribed by the 3
[Central
Government], or by a person licensed under this Act, as the case may be, has not been paid,
intending thereby to defraud the 3
[Central Government] or that person, he shall be punished with
imprisonment for a term which may extend to three years, or with fine, or with both.
28. Misconduct.—If any telegraph officer, or any person not being a telegraph officer but
having official duties connected with any office which is used as a telegraph office, is guilty of any
act of drunkenness, carelessness or other misconduct whereby the correct transmission or the
delivery of any message is impeded or delayed, or if any telegraph officer loiters or delays in the
transmission or delivery of any message, he shall be punished with imprisonment for a term which
may extend to three months, or with fine which may extend to one hundred rupees, or with both.
29. [Sending fabricated message.] Rep. by the Indian Telegraph (Amendment) Act, 1971 (33 of 1971),
s. 4.
1. Ins. b y Act 7 o f 1914, s. 8.
2. S u b s . b y t h e A . O . 1 9 3 7 , fo r “ b y t h e G . O . i n C . ”
3. Subs. by the A.O. 1937, for “Govt.”
14
1
[29A. Penalty.—If any person, without due authority,—
(a) makes or issues any document of a nature reasonably calculated to cause it to be
believed that the document has been issued by, or under the authority of, the DirectorGeneral of 2
[Posts and Telegraphs], or
(b) makes on any document any mark in imitation of, or similar to, or purporting to be,
any stamp or mark of any telegraph office under the Director-General of 1
[Posts and
Telegraphs], or a mark of a nature reasonably calculated to cause it to be believed that the
document so marked has been issued by, or under the authority of, the Director-General of
1
[Posts and Telegraphs],
he shall be punished with fine which may extend to fifty rupees.]
30. Retaining a message delivered by mistake.—If any person fraudulently retains, or
wilfully secretes, makes away with or detains a message which ought to have been delivered to
some other person, or, being required by a telegraph officer to deliver up any such message,
neglects or refuses to do so, he shall be punished with imprisonment for a term which may extend
to two years, or with fine, or with both.
31. Bribery.—A telegraph officer shall be deemed a public servant within the meaning of
sections 161, 162, 163, 164 and 165 of the Indian Penal Code (45 of 1860); and in the
definition of “legal remuneration” contained in the said section 161, the word “Government”
shall, for the purposes of this Act, be deemed to include a person licensed under this Act.
32. Attempts to commit offences.—Whoever attempts to commit any offence punishable
under this Act shall be punished with the punishment herein provided for the off ence.