INDIA CODE
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Section 5, Telegraph Act [S10-0Q9]

As at 7 September 2026. In force from 1 October 1885.

In Telegraph Act [A10-087]. This text from 1 October 1885. No other text held.

Cite: Section 5, Telegraph Act [S10-0Q9]. Machine: S10-0Q9.

5. Power for Government to take possession of licensed telegraphs and to order interception of messages.—[...]

(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 authorised 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 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.

Defined terms in this text (2)

offence: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "offence" shall mean any act or omission made punishable by any law for the time being in force

offence: 27 more definitions.

person: Section 3, General Clauses Act, 1897 [S100SN] (In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context): "person" shall include any company or association or body of individuals, whether incorporated or not

person: 1 more definition.

Made under this section, or naming it (0)

none

Cited by (0)

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Not held (0)

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Duties published under this section (0)

none

Section 5, Telegraph Act [S10-0Q9]