The Telecommunications Act, 2023 is a new law designed to update India’s telecom rules to keep pace with advancing technology and growing security needs. One of its key parts, Section 48, bans the use of any device that blocks or disrupts telecom services. This rule helps the government maintain reliable communication, which is vital for running public services, handling emergencies, ensuring national security, and supporting everyday life for people across the country.
Scope and Purpose of Section 48
Section 48 focuses on stopping the illegal use of devices that block or disrupt communication signals, such as signal jammers, mobile network blockers, and radio frequency interference tools. These devices can harm the performance of telecom networks, which are vital for everyday communication and public safety. The rule aims to keep these networks reliable, accessible, and secure by preventing unauthorized interference.
Rationale Behind the Prohibition
The ban under Section 48 is in place for important reasons: blocking telecom signals can stop emergency calls like 112, delay disaster and medical help, and harm public safety. It can also interfere with national security by disrupting police and intelligence operations, and be misused for illegal purposes. Since communication is linked to the constitutional right to free speech, cutting off networks unfairly affects this basic right. Additionally, jamming devices disturb the proper management of the radio spectrum, which the government controls to ensure fair and organized use.
Constitutional Basis
The restrictions in Section 48 are based on key constitutional and policy concerns. First, under Article 19(1)(a), telecom services are essential for free speech, and blocking signals undermines this right. Article 21 highlights that reliable communication is critical for accessing emergency services, medical care, and disaster relief. Additionally, public order and national security play a role, as the electromagnetic spectrum—a limited public resource—is regulated by the state, and unauthorized interference could jeopardize safety and stability.
Nature of the Prohibition
Section 48 bans the use of blocking equipment entirely unless the Central Government or a legal authority explicitly approves it. This rule allows such measures only in specific, necessary cases (like securing prisons or restricted areas) that follow legal guidelines, and prevents private individuals or groups from meddling with public communication networks without official permission.
Legal Consequences of Violation
Using any gadget that jams or disturbs telecom signals is illegal under Section 48 of the Telecommunications Act 2023 (which came into force on 5 July 2024). This breach is treated as a grave crime under Section 42 and can lead to a prison term of up to three years, or fine that may reach ₹2 crore or with both, and the confiscation of the equipment involved, along with other legal penalties. The strict rules are meant to safeguard India’s telecom network—an essential public utility—and to prevent any unauthorised interference that could endanger safety, national security or the reliability of legitimate communications. Only government bodies such as the defence forces, police or designated high‑security sites may operate such devices, and only with explicit permission from the Central Government.
Comparative and Judicial Perspective
The Indian Telegraph Act, 1885, through Sections 25 and 25A, makes it a serious crime to intentionally damage, tamper with, or interfere with telegraph lines, equipment, or posts without permission. Anyone found guilty can face up to three years in jail, a fine, or both. This strict law shows how important communication networks are for public safety, national security, and everyday life.
Indian courts have always supported tight government control over these networks, treating them as essential for maintaining law and order. Many other countries follow the same approach—for example, in the United States and the United Kingdom, private individuals are completely banned from making, selling, importing, or using signal jammers. These devices are allowed only for specific government or law enforcement use, to stop anyone from blocking or disturbing important communications and to protect public safety.
Significance in the Digital Era
In today’s digital era, where online banking, telemedicine, digital governance, e-commerce, and emergency response systems all depend heavily on uninterrupted telecommunication networks, Section 48 of the Indian Telegraph Act, 1885, has become even more critical. Any intentional disruption or interference with these networks can cause widespread social chaos, massive economic losses, and serious threats to national security. By making such acts punishable offences, the provision acts as a strong preventive safeguard, protecting the reliability of communication infrastructure that millions of people rely on every day for essential services and public safety.
Constitutional Framework and Judicial Precedents
In the landmark case of Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal (1995), the Supreme Court declared that airwaves are public property and must be utilised in a manner that advances the public interest, cautioning against their unauthorised interference or misuse.
Similarly, in People’s Union for Civil Liberties (PUCL) v. Union of India (1997), the Court held that telephone conversations form part of the right to privacy and freedom of speech under Articles 21 and 19(1)(a) of the Constitution, and that any interference with such communication must be lawful, necessary, and proportionate. More recently, in Anuradha Bhasin v. Union of India (2020), the Supreme Court affirmed that access to the internet is integral to freedom of expression and trade, and that blanket restrictions imposed without due process are unconstitutional—precisely the kind of unauthorised disruption that Section 48 of the Telecommunications Act, 2023 seeks to prevent.
This principle finds resonance in international practice as well. In the United States, the Federal Communications Commission (FCC) strictly prohibits the private use of signal jammers due to the serious risk they pose to emergency communications. Enforcement actions, such as the 2014 Florida case involving substantial fines imposed on a driver for using a mobile signal jammer, demonstrate a policy of zero tolerance. Similarly, in the United Kingdom, Ofcom enforces prohibitions under the Wireless Telegraphy Act, recognising that unauthorised signal blocking threatens public safety and network integrity.
In practical terms, unauthorised jamming—whether in cinema halls to silence mobile phones, examination centres to prevent cheating, or prisons without specific governmental authorisation—would fall foul of Section 48. The provision adopts a preventive and deterrent approach by prohibiting the very deployment of blocking equipment, acknowledging that even potential disruption of telecommunication networks can have irreversible consequences.
In today’s digital ecosystem, where emergency services (such as Dial-112), digital payments, telemedicine, e-governance, and disaster response mechanisms depend on uninterrupted connectivity, any unauthorised interference endangers lives, livelihoods, and constitutional rights. Viewed in this context, Section 48 operates as an essential legal safeguard for public safety and the protection of India’s digital infrastructure.
Conclusion
Section 48 of India’s 2023 Telecommunications Act is a key rule designed to protect telecom networks by banning unauthorized use of devices that can block or disrupt services, ensuring reliable communication for government functions, emergencies, businesses, and citizens’ rights. Backed by legal precedents at home and abroad, it emphasizes that airwaves and infrastructure are public assets under state oversight, which private actors cannot tamper with. While allowing exceptions for legitimate needs like national security, the law balances control with democratic freedoms, aiming to keep India’s digital ecosystem secure and functioning smoothly in a connected world.
