Provided that the service provider, for a period not exceeding fourteen days, shall keep
confidential and not disclose the existence of any investigation or exercise of any power under this
Act when a notice to this effect is served upon it by an authorized officer, which period of
confidentiality may be extended beyond fourteen days if, on an application by the authorized officer,
the Court authorizes an extension for a further specified period upon being satisfied that reasonable
cause for such extension exists.
(4) No service provider shall be liable under this Act, rules made thereunder or any other law for
the disclosure of any data or other information that the service provider discloses only to the extent of
the provisions of this Act.
(5) No service provider shall be under any obligation to proactively monitor, make inquiries about
material or content hosted, cached, routed, relayed, conduit, transmitted or made available by such
intermediary or service provider.
39. Realtime collection and recording of information.— (1) If a Court is satisfied on the basis
of information furnished by an authorized officer that there are reasonable grounds to believe that the
content of any information is reasonably required for the purposes of a specific criminal investigation,
the Court may order, with respect to information held by or passing through a service provider, to a
designated agency as notified under the Investigation for Fair Trial Act, 2013 (I of 2013) or any other
law for the time being in force having capability to collect real time information, to collect or record
such information in realtime in coordination with the investigation agency for provision in the
prescribed manner:
Provided that such realtime collection or recording shall not be ordered for a period beyond what
is absolutely necessary and in any event for not more than seven days.
(2) Notwithstanding anything contained in any law to the contrary the information so collected
under subsection (1) shall be admissible in evidence.
(3) The period of realtime collection or recording may be extended beyond seven days if, on an
application, the Court authorizes an extension for a further specified period.
(4) The Court may also require the designated agency to keep confidential the fact of the
execution of any power provided for in this section and any information relating to it.
(5) The application under subsections (1) and (2) shall in addition to substantive grounds and
reasons also,—
(a) explain why it is believed that the data sought will be available with the person in control
of an information system;
(b) identify and explain with specificity the type of information likely to be found on such
information system;
(c) identify and explain with specificity the identified offence made out under this Act in
respect of which the warrant is sought;
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