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[Cites 0, Cited by 0] [Section 14] [Entire Act]

State of Andhra Pradesh - Subsection

Section 14(13) in Andhra Pradesh Control of Organised Crime Act, 2001

(13)Notwithstanding anything in the Code or in any other law for the time being in force, the evidence collected through I the interception of wire, electronic or oral communication under this section shall be admissible as evidence against the accused in the Court during the trial of a case:Provided that, the contents of any wire, electronic or oral communication intercepted pursuant to this section or evidence derived therefrom shall not be received in evidence or otherwise I disclosed in any trial, hearing or other 1 proceedings in any Court unless each i party, not less than ten days before trial, hearing or proceedings, has been furnished with a copy of the order of the Competent Authority, and accompanying application, under which the interception was authorised or approved:Provided further that, this ten days period may be waived by the Judge, trying the matter, if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing or proceedings and . that the party will not be prejudiced by the delay in receiving such information.Explanation. - for the purpose of this section. -
(a)"Wire communication" means any aural transfer made in the whole or part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of connection, between the point of origin and the point of reception (including the use of such i connection in switching station) and such term includes any electronic storage of such communication;
(b)"oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication;
(c)"electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include,-
(i)the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and base unit;
(ii)any wire or oral communication;
(iii)any communication made through a tone only paging device: or
(iv)any communication from a tracking device;
(d)"intercept" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device.