Is Call Recording Legal in India?

1. Legal Framework & Constitutional Perspective

• Right to Privacy (Article 21)
  The Supreme Court ruled in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) that privacy is a fundamental right under Article 21 of the Indian Constitution. Any intrusion—such as recording calls without consent—must meet legal, necessary, and proportional standards.
  
• Indian Telegraph Act, 1885
  Section 5(2) authorizes only the government to intercept communications, with required high-level approvals (e.g., Home Secretary) and procedural safeguards under Rule 419A. Unauthorized interception by individuals is clearly illegal.
  
• Information Technology Act, 2000
  Though Section 66E concerns unlawful capture of private images, its privacy logic extends to audio recordings. Consequences of misuse may invoke penalties or affect admissibility.
  
• Digital Personal Data Protection Act, 2023 (DPDP)
  Applies to organizations (“data fiduciaries”) recording calls. It mandates notice, informed consent, secure storage, retention limitation, breach reporting (within 72 hrs), and can impose penalties up to ₹250 crore per violation.
  

2. Consent Standards: One-Party vs. Two-Party

• One-Party Consent (India’s Approach)
  Individuals can legally record calls they’re a part of without informing others—this is tolerated as one-party consent.
  
• Recording Without Consent
  If you record a conversation between others without their knowledge, it’s likely a privacy violation—even illegal.
  

3. Admissibility in Court

• Under Indian Evidence Act, 1872
  Call recordings can be submitted as evidence if:
  • Authentic and original,
  • Relevant and untampered,
  • Voice is recognizable,
  • Chain of custody is intact.
• Supreme Court Ruling (R.M. Malkani v. State of Maharashtra, 1973)
  Established that recordings made by a participant in the call are admissible—even if the other party didn’t consent.
  
• Case Law – Chhattisgarh High Court (Aasha Lata Soni vs Durgesh Soni, 2023)
  The court ruled that secretly recording a call without the other party’s knowledge violates their privacy under Article 21.
  

4. Penalties & Legal Risks

• Telegraph Act Violations
  Unauthorized interception can lead to criminal charges.
  
• IT Act / DPDP Violations
  Misuse of recordings may result in fines or imprisonment; for businesses, DPDP violations carry heavy administrative penalties.
  
• IPC Offenses
  If misuse involves defamation, intimidation, or other harms, IPC provisions (e.g., Sections 499, 503) may also apply.

5. Summary Table

Practical Advice

• Consent is Best: Always inform the other party before recording—even if you’re allowed. It avoids privacy concerns and maintains trust.
• Secure Handling: Preserve recordings securely and avoid tampering to maintain admissibility.
• Seek Guidance: Before using recordings as evidence in legal proceedings, consult a lawyer to ensure compliance.