20
(4)
No service provider shall be liable under this Act, rules made thereundcl or any
other law for the disclostre of a;ry data or othe, information that the service providet discloscs
only to thc extent of the provisiors ofthis AcL
(5)
No service provider shall be under any obligation to proactively monitor, make
inquilies about matcrial or content hosted, cached, routed, telayed, conduit, transmitted or made
available by such intermediary or sewicc provider.
36.
basis
Real-time collection anil recording of information.-(l)
If
a Court is satisfied on the
of infomation furnished t,y an authorized officer that there are reasonablc grounds
to
believe that the content of any information is reasonably rcquired for the purposes oI a spccilic
criminal investigation, the Cour- may order, with respect to information held by or passing
through a servicc provider, to a Cesignated aSency as notified under the Investigation for l-air
Trial Act, 20ll (l of 2013) or aoy other law for the time being in force having capabilify to
collcct real time information, to,lollcct or record such information in real{ime in coordination
with the invcstigation agency for Provision in the prcscdbed manner:
Provided that such real-time collection or rccording shall rlot be ordered for a period
beyond what is absolutely necessEry and iu any evcnt for not more lhan scvcn days.
(2)
Notwithstanding arl),thing contained in any law to the contrary the information so
collcctcd under sub-section
(l)
shrrll bc adrnissible in evidencc.
(3)
Thc period of real-time collection or recording may be extended beyond sevcn
days if, on an application, the Court authorizcs an extension for a further specified period.
(4)
Thc Court may also require the designated agcncy to keep confidential the fact
of
the execution ofany powcr provided for in this seclion and any information relating to it.
(5)
The application ur der sub-seclions
(l)
and (2) shall in addition to substantive
grounds and reasons also-
(a)
explain why it is brlievcd that the data sought will be avaiiable with thc pcrson in
control of an infomlation sysleni:
(b)
identify and explain with specificity the type of infomation likely to b€ found on
such information system;