Misuse of stolen mobile phones could cost more than a fortune. In a draft Cabinet note, prepared by the department of telecommunications (DoT), proposes a fine of Rs 2 crore to be levied for such offences, as they are on the rise. The proposal says that at present, in the relevant sections of the Indian Telegraph Act, 1885, the quantum of fine has not been specified. The draft also proposes that any unauthorised phone tapping by organisations or individuals would also attract similar punishment.
In the event where offenders cannot pay the requisite fine, they would have to undergo two years of imprisonment. As per the draft note, any person convicted of the offence if convicted again, would have to pay a fine of Rs 5 crore or face imprisonment of up to five years.
Since the provisions of the Indian Telegraph Act (ITA) would need to be amended for the purpose, a Bill would be introduced in Parliament once the proposal is approved by the Cabinet.
The draft note has also proposed an increase in other penalties by increasing the amount by 200 times such as Rs 50 has been replaced by Rs 10,000.
The above fine would also apply to persons who knowingly benefit from any unauthorized diversion or tampering with any communication service or network infrastructure facility with the knowledge that such service or facility is unauthorised or tampered.
Fines of similar quantum would also be levied on any person or organisation, which without owning a proper licence owns or provides any network facility or provides any communication service or knowingly assists in the transition or distribution of such service. Even firms providing subscription or advertisement to such unauthorised utilities would be subjected to the fine.
Justifying the harsh levies, the note has said, ?there have been occasions where persons have been establishing, maintaining or working unauthorised telegraphs apart from indulging in various unauthorised activities for which penalties have been prescribed in the ITA, 1885. The rationalisation of amount of financial penalties in the Act is essential as these penalties were prescribed in 1885, 1914 and 1917.