Power to issue directions for interception or monitoring or decryption of any information through any computer resource
Section 69 of the Information Technology Act, 2000 deals with power to issue directions for interception or monitoring or decryption of any information through any computer resource. Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, The Act came into force on 17 Oct 2000.
1 [69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource.--(1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.
(2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
(3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to--
(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or
(b) intercept, monitor, or decrypt the information, as the case may be; or
(c) provide information stored in computer resource.
(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
Section 69, The Information Technology Act, 2000 (Act 21 of 2000).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sharat Babu Digumarti vs Govt of Nct of Delhi
Court's Decision & Legal Precedent
When an alleged offence pertains to obscene material in electronic form, the offence falls exclusively under the special provisions of the Information Technology Act, 2000 (specifically Sections 67, 67A, and 67B), and not under the general provisions of Section 292 of the Indian Penal Code. The IT Act, being a special enactment with specific provisions for electronic records and containing an overriding effect clause (Section 81), prevails over the IPC. Therefore, an accused who has been discharged from prosecution under Section 67 of the IT Act cannot subsequently be prosecuted under Section 292 IPC for the same conduct involving obscene material in electronic form. The principle that special laws prevail over general laws, particularly when both contain non-obstante clauses, mandates that the IT Act provisions apply to electronic records, and the protection and effect of Section 79 (intermediary protection) cannot be ignored or negated.
On this section: Power to issue directions for interception or monitoring of information through computer resources. Cited to show IT Act's comprehensive scheme for electronic offences
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George Vattukulam v. State of Kerala
Court's Decision & Legal Precedent
Confidential call data records / interception material cannot be furnished or exhibited without authorization under the procedure prescribed by IT Act s.69 (interception, monitoring or decryption of information through a computer resource); unauthorized CDRs undermine PIL bona fides and cannot sustain a transfer-to-CBI prayer.
On this section: s.69 interception/monitoring/decryption authorization — used to reject unauthorized CDR exhibits in dismissed PIL
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 updated as on 6.4.2023Rule 2023
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 - comprehensive rules updated on 28th Oct 2022,Rule 2022
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.Rule 2021
- Information Technology (Procedures and Safeguards for Interception, Monitoring or Decryption of Information) Rules, 2009.Rule 2009
Questions about Section 69
What have the courts held on Section 69 of the Information Technology Act?
Sharat Babu Digumarti vs Govt of Nct of Delhi (14 Dec 2016) is the leading judgment on this section among those set out below: Power to issue directions for interception or monitoring of information through computer resources. Cited to show IT Act's comprehensive scheme for electronic offences. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2016 to 2022.
How do I find court cases under Section 69 of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 69, section 69 IT Act, section 69 of the Information Technology Act. People searching for it also type it act 69a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sharat Babu Digumarti vs Govt of Nct of Delhi (14 Dec 2016).
What should I read with Section 69 of the Information Technology Act, and has it changed?
2 other provisions in this corpus refer back to it. 4 instruments name it without being made under it, most recently Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 updated as on 6.4.2023 (2023), then Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 - comprehensive rules updated on 28th Oct 2022, (2022).
When did Section 69 of the Information Technology Act come into force?
Section 69 of the Information Technology Act, cited as IT Act 69, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 46. Power to adjudicate370 words
- 89. Power of Controller to make regulations345 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.