THE INDIAN TELEGRAPH ACT, 1885

No. 13 of 1885

An Act to amend the law relating to Telegraphs in India

WHEREAS it is expedient to amend the law relating to telegraphs in India; It is

hereby enacted as follows:-

PART I

PRELIMINARY

1. Short title, local extent and commencement. – (1) This Act may be
called the Indian telegraph Act, 1885.

[(2) It extends to the whole of India.]

(3) It shall come into force on the first day of October, 1885.

2. Repeal and savings. [Rep. By the Repealing Act, 1938 (1 of 1938,) sec.2
and Sch.]

3. Definitions. – in this Act, unless there is something repugnant in the

subject or context, -

[(1) "telegraph" means any appliance, instrument, material or

apparatus used or capable of use for transmission or reception of
signs, signals, writing, images and sounds or intelligence of any nature
by wire, visual or other electro-magnetic emissions, Radio waves or
Hertzian waves, galvanic, electric or magnetic means.

Explanation. – "Radio waves" or "Hertzian waves" means electro-

magnetic waves of frequencies lower than 3,000 giga-cycles per
second propagated in space without artificial guide;]

(2) "telegraph officer" means any person employed either permanently

or temporarily in connection with a telegraph established, maintained
or worked by [the Central Government] or by a person licensed under
this Act;

(3) "message" means any communication sent by telegraph, or given

to telegraph officer to be sent by telegraph or to be delivered;

(4) "telegraph line" means a wire or wires used for the purpose of a
telegraph, with any casing, coating, tube or pipe enclosing the same,
 and any appliances and apparatus connected therewith for the purpose
of fixing or insulating the same;

(5) "post" means a post, pole, standard, stay, strut or other above
ground contrivance for carrying, suspending or supporting a telegraph
line;

(6) "telegraph authority" means the Director General of [Posts and

Telegraphs], and includes any officer empowered by him to perform all
or any of the functions of the telegraph authority under this Act;

(7) "local authority" means any municipal committee, district board,

body of port commissioner or other authority legally entitled to, or
entrusted by" the Central or any State Government] with, the control,
management of any municipal or local fund.

PART II

PRIVILEGES AND POWERS OF THE GOVERNMENT

4. Exclusive privilege in respect of telegraphs, and power to grant

licenses.

(1) Within [India], the Central Government shall have exclusive

privilege of establishing, maintaining and working telegraphs:

Provided that the Central Government may grant a license, on such

conditions and in consideration of such payments as it thinks fit, to any
person to establish, maintain or work a telegraph within any part of
[India]:

[Provided further that the Central Government may, by rules made

under this Act and published in the Official Gazette, permit, subject to
such restrictions and conditions as it thinks fit, the establishment,
maintenance and working-

(a) of wireless telegraphs on ships within Indian territorial

waters [and on aircraft within or above [India], or Indian
territorial waters], and

(b) of telegraphs other than wireless telegraphs within any part

of [India].

(2) The Central Government may, by notification in the Official

Gazette, delegate to the telegraph authority all or any of it its powers
under the first proviso to sub-section (1).
 The exercise by the telegraph authority of any power so delegated
shall be subject to such restrictions and conditions as the Central
Government may, by the notification, think fit to impose.]
[5. Power for Government to take possession of licensed telegraphs
and to order interception of messages. – (1) 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 authorized
in this behalf by the Central Government or a State Government may, if
satisfied that it is necessary or expedient so to do, take temporary
possession (for so long as the public emergency exists or the interest of
the public safety requires the taking of such action) of any telegraph
established, maintained or worked by any person licensed under this
Act.
(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 authorized 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.

6. Power to establish telegraph on land of Railway Company:- Any

Railway company, on being required so to do by the Central Government,
shall permit the Government to establish and maintain a telegraph upon
any part of the lank of the Company, and shall give every reasonable
facility for working the same.

[6A. Power to notify rates for transmission of messages to countries

outside India – (1) The Central Government may, from time to time,
by order, notify the rates at which, and the other conditions and
restrictions subject to which messages shall be transmitted to any
country outside India.
(2) In notifying the rates under sub-section (1), the Central
Government shall have due regard to all or any of the following factors,
namely:-

(a) the rates for the time being in force, for transmission of messages,
in countries outside India;

(b) the foreign exchange rates for the time being in force;
(c) the rates for the time being in force for transmission of messages
within India;
 (d) such other relevant factors as the Central Government may think fit
in the circumstances of the case.]

7. Power to make rules for the conduct of telegraphs – (1) The Central
Government may, from time to time, by notification in the Official
Gazette, make rules consistent with this Act for the conduct of all or any
telegraphs established, maintained or worked by the Government or by
persons licensed under this Act.

(2) Rules under this section may provide for all or any of the following
among other matters, that is to say:-

a. the rates at which, and the other conditions and restrictions

subject to which, messages shall be transmitted [within India];
b. the precautions to be taken for preventing the improper
interception or disclosure of messages;

c. the period for which, and the conditions subject to which,

telegrams and other documents belonging to, or being in the
custody of, telegraph officers shall be preserved;

d. the fees to be charged for searching for telegrams or other

documents in the custody of any telegraph officer;

e. the conditions and restrictions subject to which any telegraph line,

appliance of apparatus for telegraphic communication shall be
established, maintained, worked, repaired, transferred, shifted,
withdrawn or disconnected;

[(ee) the charges in respect of any application for providing any

telegraph line, appliance or apparatus;]

f. the charges in respect of –

i) the establishment, maintenance, working, repair, transfer or

shifting of any telegraph line, appliance or apparatus;

ii) the services of operators operating such line, appliance or

apparatus;

g. the matters in connection with the transition from a system where

under rights and obligations relating to the establishment,
maintenance, working repair, transfer of shifting of any telegraph
line, appliance or apparatus for telegraphic communication attach
by virtue of any agreement to a system where under such rights
and obligations attach by virtue of rules made under this section;

h. the time at which, the manner in which, the conditions under which
and the persons by whom the rates, charges and fees mentioned in
this sub-section shall be paid and the furnishing of security for the
payment of such rates, charges and fees;
 i. the payment of compensation to the Central Government for any
loss incurred in connection with the provision of any telegraph line,
appliance or apparatus for the benefit of any person –

a. where the line, appliance or apparatus is, after it has been

connected for use, given up by that person before the
expiration of the period fixed by these rules, or
b. where the work done for the purpose of providing the line,
appliance or apparatus is, before it is connected for use,
rendered abortive by some act or omission on the part of that
person;

j. the principles according to which and the authority by whom the

compensation referred to clause (i) shall be assessed;
[(jj) the qualifications to be possessed and the examinations, if any, to
be passed by the persons employed for the establishment,
maintenance or working of any telegraph and the fees to be
charges for admission to such examinations;] and

k. any other matter for which provision is necessary for the proper
and efficient conduct of all or any telegraphs under this act.

(3) When making rules for the conduct of any telegraph established,
maintained or worked by any person licensed under this Act, the
Central Government may by the rules prescribe fines for any breach of
the same:

Provided that the fines so prescribed shall not exceed the following
limits, namely:-

i. When the person licensed under this Act is punishable

for the breach, one thousand rupees, and in the case of
a continuing breach a further fine of two hundred rupees
for every day after the first during the whole or any part
of which the breach continues.
ii. When a servant of the person so licensed, or any other
person, is punishable for the breach, one-fourth of the
amounts specified in clause (i).

[(4) Nothing in this section or in any rules made hereunder shall be

construed as –

a. precluding the Central Government from entering into an

agreement with a person for the establishment, maintenance
and working by that Government on terms and conditions
specified in the agreement of any telegraph line, appliance or
apparatus for the purpose of affording means of telegraphic
communication, where having regard to the number of the
lines, appliance or apparatus required by that person for
telegraphic communication, it is necessary or expedient to
enter into such agreement with him, or
 b. subjecting the Central Government to any obligation to provide
any telegraph line appliance or apparatus for the purpose of
affording means of telegraphic communication.

[(4) Nothing in this section or in any rules made hereunder shall be

construed as –

[(5) Every rule made under this section shall be laid as soon as may be
after it is made before each House of Parliament while it is in
session for a total period of thirty days [which may be comprised in
one session or in two or more successive sessions, and it, before
the expiry of the session immediately following the session or the
successive sessions aforesaid] both Houses agree in making any
modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such
modified form or be of no effect as the case may be; so, however,
that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.]]

[7A. Saving of existing agreements – Nothing in section 7 shall authorize

the making of any rules determining any agreement entered into by the
Central Government with any person before the commencement of the Indian
Telegraph (Amendment) Act, 1957 (47 of 1957), relating to the
establishment, maintenance or working of any telegraph line, appliance or
apparatus for telegraphic communication; and all rights and obligations there
under relating to such establishment, maintenance or working hall be
determined in accordance with the terms and conditions of such agreement.

7B. Arbitration of disputes – (1) Except as otherwise expressly provided in

this Act, if any dispute concerning any telegraph line, appliance or apparatus
arises between the telegraph authority and the person for whose benefit the
line, appliance or apparatus is, or has been provided, the dispute shall be
determined by arbitration and shall, for the purposes of such determination,
be referred to an arbitrator appointed by the Central Government either
specially for the determination of that dispute or generally for the
determination of disputes under this section.
(2) The award of the arbitrator appointed under sub-section (1) shall be
conclusive between the parties to the dispute and shall not be questioned in
any court.]

8. Revocation of licenses – The Central Government may, at any time,

revoke any license granted under section 4, on the breach of any of the
conditions therein contained, or in default of payment of any consideration
payable there under.

9. Government not responsible for loss or damage – The Government

shall not be responsible for any loss or damage which may occur in
consequence of any telegraph officer failing in his duty with respect to the
receipt, transmission or delivery of any message; and no such officer shall be
responsible for any such loss or damage, unless he causes the same
negligently, maliciously or fraudulently.

PART III
 POWER TO PLACE TELEGRAPH LINES AND POSTS

10. Power for telegraph authority to place and maintain telegraph

lines and posts – The telegraph authority may, from time to time, place and
maintain a telegraph line under, over, along, or across, and posts in or upon
any immovable property:
Provided that –

a. the telegraph authority shall not exercise the powers conferred

by this section except for the purposes of a telegraph
established or maintained by the [Central Government], or to
be so established or maintained;
b. the [Central Government] shall not acquire any right other than
that of user only in the property under, over, along, across in
or upon which the telegraph authority places any telegraph
line or post; and

c. except as hereinafter provided, the telegraph authority shall not

exercise those powers in respect of any property vested in or
under the control or management of any local authority,
without the permission of that authority; and

d. in the exercise of the powers conferred by this section, the

telegraph authority shall do as little damage as possible, and,
when it has exercised those powers in respect of any property
other than that referred to in clause (c), shall pay full
compensation to all persons interested for any damage
sustained by them by reason of the exercise of those powers.

11. Power to enter on property in order to repair or remove

telegraph lines or posts – The telegraph authority may, at any time, for the
purpose of examining, repairing, altering or removing any telegraph line or
post, enter on the property under, over, along, across, in or upon which the
line or post has been placed.

Provisions applicable to property vested in or under the control

or management of local authorities

12. Power for local authority to give permission under section 10,
clause (c), subject to conditions – Any permission given by a local
authority under section 10, clause (c), may be given subject to such
reasonable conditions as that authority thinks fit to impose, as to the
payment of any expenses to which the authority will necessarily be put in
consequence of the exercise of the powers conferred by that section, or as to
the time or mode of execution of any work, or as to any other think
connected with or relative to any work undertaken by the telegraph authority
under those powers.

13. Power for local authority to require removal or alteration of

telegraph line or post – When, under the foregoing provisions of this Act, a
telegraph line or post has been placed by the telegraph authority under, over,
along, across, in or upon any property vested in or under the control or
management of a local authority, and the local authority, having regard to
circumstances which have arisen since the telegraph line or post was so
placed, considers it expedient that it should be removed or that its position
should be altered, the local authority may require the telegraph authority t
remove it or alter its position, as the case may be.

14. Power to alter position of gas or water pipes or drains – The

telegraph authority may, for the purpose of exercising the powers conferred
upon it by this Act in respect of any property vested in or under the control or
management of a local authority, alter the position there under of any pipe
(not being a main) for the supply of gas or water, or of any drain (not being a
main drain):
Provided that –

a. when the telegraph authority desires to alter the position of any

such pipe or drain it shall give reasonable notice of its intention
to do so, specifying the time at which it will begin to do so, to
the local authority, and, when the pipe or drain is not under the
control of the local authority, to the person under whose control
the pipe or drain is;
b. a local authority or person receiving notice under clause (a)
may send a person to superintend the work, and the telegraph
authority shall execute the work to the reasonable satisfaction
of the person so sent.

15. Disputes between telegraph authority and local authority – (1) If

any dispute arises between the telegraph authority and a local authority in
consequence of the local authority refusing the permission referred to in
section 10, clause (c), or prescribing any condition under section 12, or in
consequence of the telegraph authority omitting to comply with a requisition
made under section 13, or otherwise in respect of the exercise of the powers
conferred by this Act, it shall be determine by such officer as the [Central
Government] may appoint either generally or specially in this behalf.
(2) An appeal from the determination of the officer so appointed shall lie to
the [Central Government]; and the order of the [Central Government] shall
be final.

Provisions applicable to other property

16. Exercise of powers conferred by section 10, and disputes as to

compensation, in case of property other than that of a local authority
– (1) If the exercise of the powers mentioned in section 10 in respect of
property referred to in clause (d) of that section is resisted or obstructed, the
District Magistrate may, in his discretion, order that the telegraph authority
shall be permitted to exercise them.
(2) If, after the making of an order under sub section (1), any person resists
the exercise of those powers, or, having control over the property, does not
give all facilities for this being exercised, he shall be deemed to have
committed an offence under section 188 of the Indian Penal Code (45 of
1860).
(3) If any dispute arises concerning the sufficiency of the compensation to be
paid under section 10, clause (d), it shall, on application for that purpose by
either of the disputing parties to the District Judge within whose jurisdiction
the property is situate, be determined by him.
(4) If any dispute arises as to the persons entitled to receive compensation,
or as to the proportions in which the persons interested are entitled to share
in it, the telegraph authority may pay into the Court of the District Judge such
amount as he deems sufficient or, where all the disputing parties have in
writing admitted the amount tendered to be sufficient or the amount has been
determined under sub-section (3), that amount; and the District Judge, after
giving notice to the parties and hearing such of them as desire to be heard,
shall determine the persons entitled to receive the compensation or, as the
case may be, the proportions in which the persons interested are entitled to
share in it.
(5) Every determination of a dispute by a District Judge under sub-section (3)
or sub-section (4) shall be final:
Provided that nothing in this sub-section shall affect the right of any person
to recover by suit the whole or any part of any compensation paid by the
telegraph authority, from the person who has received the same.

17. Removal or alteration of telegraph line or post on property other

than that of a local authority – (1) When, under the foregoing provisions
of this Act, a telegraph line or post has been placed by the telegraph authority
under, over, along, across, in or upon any property, not being property
vested in or under the control or management of a local authority, and any
person entitled to do so desires to deal with that property in such a manner
as to render it necessary or convenient that the telegraph line or post should
be removed to another part thereof or to a higher or lower level or altered in
form, he may require the telegraph authority to remove or alter the line or
post accordingly:
Provided that, if compensation has been paid under section 10, clause
(d) he shall, when making the requisition, tender to the telegraph authority
the amount requisite to defray the expense of the removal or alteration, or
half of the amount paid as compensation, whichever may be the smaller sum.
(2) If the telegraph authority omits to comply with the requisition, the person
making it may apply to the District Magistrate within whose jurisdiction the
property is situated to order the removal or alteration.
(3) A District Magistrate receiving an application under sub-section (2) may,
in his discretion reject the same or make an order, absolutely or subject to
conditions, for the removal of the telegraph line post to any other part of the
property or to higher or lower level or for the alteration of its form; and the
order so made shall be final.,

Provisions applicable to all property

18.Removal of trees interrupting telegraphic communication – (1) If

any tree standing or lying near a telegraph line interrupts, or is likely to
interrupt, telegraphic communication, a Magistrate of the first or second class
may, on the application of the telegraph authority, cause the tree to be
removed or dealt with in such other way as he deems fit.
(2) When disposing of an application under sub-section (1), the Magistrate
shall, in the case of any tree in existence before the telegraph line was
placed, award to the persons interested in the tree such compensation as he
thinks reasonable, and the shall be final.
19. Telegraph lines and posts placed before passing of this Act.-
Every telegraph line or post placed before the passing of this Act under, over,
along, across, in or upon any property, for the purposes of a telegraph
established or maintained by the [Central Government], shall be deemed to
have been placed in exercise of the powers conferred by, and after
observance of all the requirement of, this Act.
[19 A. Person exercising legal right likely to damage telegraph or
interfere with telegraphic communication to give notice – (1) Any
person desiring to deal in the legal exercise of a right with any property in
such a manner as is likely to cause damage to a telegraph line or post which
has been duly placed in accordance with the provisions of this Act, or to
interrupt or interfere with telegraphic communication, shall give not less than
one month’s notice in writing of the intended exercise of such right to the
telegraph authority, or to any telegraph officer whom the telegraph authority
may empower in the behalf.
(2) If any such person without having complied with he provisions of sub-
section (1) deals with any property in such a manner as is likely to cause
damage to any telegraph line or post, or to interrupt or interfere with
telegraphic communication, a Magistrate of the first or second class may, on
the application of the telegraph authority, order such person to abstain from
dealing with such property in such manner for a period not exceeding one
month from the date of his order and forthwith to take such action with
regard to such property as may be in the opinion of the Magistrate necessary
to remedy or prevent such damage, interruption or interference during such
period.
(3) A person dealing with any property in the manner referred to in sub-
section (1) with the bona fide intention of averting imminent danger of
personal injury to himself or any other human being shall be deemed to have
complied with the provisions of the said sub-section if he gives such notice of
the intended exercise of the right as is in the circumstances possible, or
where no such previous notice can be given without incurring the imminent
danger referred to above, if he forth with gives notice of the actual exercise of
such right to the authority of officer specified in the said sub-section.
19B. Power to confer upon licensee powers of telegraph authority
under this Part – The Central Government may, by notification in the Official
Gazette, confer upon any licensee under section 4, in respect of the extent of
his license and subject to any conditions and restrictions which the Central
Government may think fit to impose and to the provisions of this Part, all or
any of the powers which the telegraph authority possesses under this Part
with regard to a telegraph established or maintained by the Government or to
be so established or maintained:
Provided that the notice prescribed in section 19A shall always be given to
the telegraph authority or officer empowered to received notice under section
19A(1).

PART IV
PENALTIES

[20. Establishing, maintaining or working unauthorized telegraph –

(1) If any person establishes, maintains or works a telegraph within [India] in
contravention of the provisions of section 4 or otherwise than 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) Not withstanding 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.]
[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 o 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 unauthorized 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 every day during which the
neglect or refusal continues.
23. Intrusion 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. willfully 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 learning the 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

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.

[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 willfully 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. willfully, secrets, makes away with or alters any message which he has
received for transmission or delivery, or
b. willfully, and otherwise than in obedience to an order of the Central
Government or of a State Government, or of an officer specially
authorized [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 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 [Central Government], or by a person
licensed under this Act, as the case may be, has not been paid, intending
thereby to defraud the [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 at of drunkenness, carelessness of
other misconduct whereby the correct transmission or the delivery of any
message is impeded or delayed or if 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 messages] Rep. By the Indian Telegraph
(Amendment) Act, 1971 (33 of 1971), sec 4.
[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 Director-General of [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 [Posts and Telegraph], or a mark of a
nature reasonably calculated to cause it to be believed that the
documents so marked has been issued by, or under authority of,
the Director-General of [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 willfully 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 of
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 offence.
 PART V
SUPPLEMENTAL PROVISION

33. Power to employ additional police in places where mischief to

telegraphs is repeatedly committed – (1) Whenever it appears to the
State Government that any act causing or likely to cause wrongful damage to
any telegraph is repeatedly and maliciously committed in any place, and that
the employment of an additional police force in that place is thereby rendered
necessary, the State Government may send such additional police force as it
thinks fit to the place, and employ the same therein so long as, in the opinion
of that Government, the necessity of doing so continues.
(2). The inhabitants of the place shall be charged with the cost of the
additional police force, and the District Magistrate shall, subject to the orders
of the State Government, assess the proportion in which the cost shall be
paid by the inhabitants according to his judgment of their respective means.
(3). All moneys payable under sub-section (2) shall be recoverable
either under the warrant of a Magistrate by distress and sale of the movable
property of the defaulter within the local limits of his jurisdiction, or by suit in
any competent Court.
(4). The State government may, by order in writing, define the limits
of any place for the purposes of this section.
[34A. Application of Act to Presidency-towns – (1) This Act, in its
application to the Presidency-towns, shall be read as if for the words "District
Magistrate" in section 16, sub-section (1), and section 17, sub-sections (2)
and (3), for the words "Magistrate of the first or second class" in section 18,
sub-section (1), [and section 19A, sub-section (2),] and for the word
"Magistrate" in section 18 sub-section (2), there had been enacted the words
"Commissioner of Police", and for the "District Judge" in section 16, sub-
sections (3), (4) and (5), the words "Chief Judge of the Court of Small
Causes".
(2) Omitted.
(3) The fee in respect of an application to the Chief Judge of a Presidency
Court of Small Causes under sub-section (3) of section 16 shall be the same
as would be payable under the Court-fees Act, 1870 (7 of 1870), in respect of
such an application to a District Judge beyond the limits of a Presidency-town,
and fees for summonses and other processes in proceedings before the Chief
Judge under sub-section (3) or sub-section (4) of that section shall be
payable according scale set forth in the Fourth Schedule to the Presidency
Small Cause Courts Act, 1882.
35. Reference to certain laws of Part B States. [Rep. by Part B States
(Laws) Act 1951 (Act 3 of 1951), sec.3 and Sch.]
The Indian Telegraph (Amendment) Act, 2003