THE TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Duty to declare possession of telegraph wires. 
4.  Duty to have telegraph wires converted or sold. 
4A. Prohibition of sale or purchase of telegraph wires. 
5.  Penalty for unlawful possession of telegraph wires. 
6.  Penalty for contravention of provisions of section 3 or section 4. 
6A. Powers of search and seizure. 
  6B. Confiscation of telegraph wires, conveyances, etc. 
7.  Cognizance of offences. 
8.  Power to make rules. 

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THE TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950 

ACT NO. 74 OF 1950 

An  Act  to  regulate  the  possession  of  telegraph  wires  and  to  provide  for  the  punishment  of  the 

[28th December, 1950.] 

offence of unlawful possession thereof. 

BE it enacted by Parliament as follows:— 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Telegraph  Wires 

(Unlawful Possession) Act, 1950. 

(2) It extends to the whole of India. 
(3) It shall come into force in any State on such date1 as the Central Government may, by notification 

in the Official Gazette, appoint for such State, and different dates may be appointed for different States. 

2. Definitions.—In this Act,— 

(a) “prescribed” means prescribed by rules made under this Act; 
2[(b) telegraph wire means any copper wire the diameter of which in millimetres, is— 

(i) not less than 2.43 and not more than 2.53; or 

(ii) not less than 2.77 and not more than 2.87; or 

(iii) not less than 3.42 and not more than 3.52.] 

3.  Duty to  declare  possession of telegraph wires.—Every person in possession of telegraph wires 
shall, within six months from the commencement of this Act, make a declaration in writing, in such form 
and to such authority as may be prescribed, stating the quantity of telegraph wires in his possession. 

4. Duty to have telegraph wires converted or sold.—Every person in possession of telegraph wires 
which exceed ten pounds in weight shall, within one year from the commencement of this Act, have the 
whole of the quantity as is in excess of ten pounds converted into ingots: 

Provided that it shall be open to any such person to sell the whole or any part of the telegraph wires in 

his possession at such price and to such authority as may be prescribed. 

3 [4A.  Prohibition  of  sale  or  purchase  of  telegraph  wires.—No  person  shall,  after  the 
commencement of the Telegraphs Wires (Unlawful Possession) Amendment Act, 1953 (53 of 1953), sell 
or  purchase  any  quantity  of  telegraph  wires  except  with  the  permission  of  such  authority  as  may  be 
prescribed.] 

4[5. Penalty for  unlawful possession  of  telegraph wires.—Whoever is found or is proved to have 
been in possession of any quantity of telegraph wires shall unless he proves that the telegraph wires came 
into his possession lawfully, be punishable,— 

5[(a) for the first offence, with imprisonment for a term which may extend to five years, or with 
fine, or with both, and, in the absence of special and adequate reasons to be recorded in the judgment 

1. Came into force in the whole of India except the State of Jammu and Kashmir on 1st April, 1951, vide S.R.O. 364, dated the 
9th March, 1951, see Gazette of India Part II, s. 3, in the State of Jammu and Kashmir on 15th July, 1954, vide S.R.O., 2251, 
dated the 1st July, 1954, see Gazette of India, Part II, s. 3, in Dadra and Nagar Haveli on 1st September, 1965, vide S.O. 2523, 
dated the 7th August, 1965, see Gazette of India, Part II, s. 3(ii). 

This Act has been extended to the Union territory of Goa, Daman and Diu, vide S.O. 2735, dated 1st September, 1962, see 

Gazette  of  India  Part  II,  s.  3(ii)  (w.e.f.  1-9-1962);  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2  and  the  Schedule  I             
(w.e.f. 1-7-1965) and the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Schedule.   

*.  Vide  Notification  No.  S.O.  3912  (E),  dated  30th  October,  2019,  this  Act  is  made  applicable  to  the  Union  territory  of 

Jammu and Kashmir and the Union territory of Ladakh. 

2. Subs. by Act 44 of 1975, s. 2, for clause (b) (w.e.f. 7-8-1975). 
3. Ins. by Act 53 of 1953, s. 3 (w.e.f. 30-12-1953). 
4. Subs. by Act 15 of 1962, s. 2, for section 5 (w.e.f. 30-3-1962). 
5. Subs. by Act 44 of 1975, s. 3, for clause (a) (w.e.f. 7-8-1975). 

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of the Court, the term of such imprisonment shall not be less than one year and such fine shall not be 
less than one thousand rupees;] 

(b) for the second or a subsequent offence, with imprisonment for a term which may extend to 
five years and also with fine and in the absence of special and adequate reasons 1[to be recorded in the 
judgment of the Court, the term of such imprisonment] shall not be less than two years and such fine 
shall not be less than two thousand rupees: 

Provided that  where  a  person  has  made  a  declaration  under  section  3 in relation  to any  quantity  of 
telegraph  wires,  the  burden  of  proving,  in  respect  of  the  quantity  so  declared  that  it  came  into  his 
possession lawfully, shall not be on such person.] 

6.  Penalty  for  contravention  of  provisions  of  section  3  or  section  4.—Any  person  who  fails  to 
make  a  declaration as required  by  section  3 or 2[contravenes  the  provisions of section  4  or  section  4A] 
shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with 
both). 

3[6A. Powers of search and seizure.—(1) A police officer not below the rank of a sub-inspector may 

seize, or search any place and seize,— 

(i) any telegraph wire; 

(ii) any conveyance or animal used for the transport of such telegraph wire, 

if  a  reasonable  suspicion  exists  that  any  provision  of  this  Act  has  been,  or  is  being,  or  is  about  to  be, 
contravened in respect of such telegraph wire. 

(2)  The  provisions  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  relating  to  searches  and 

seizure shall, so far as may be, apply to searches and seizures made under this section. 

6B. Confiscation of telegraph wires, conveyances, etc.—Where any person has been convicted for 
the  contravention  of  any  of  the  provisions  of  this  Act,  the  telegraph  wires  in  relation  to  which  the 
contravention  has  been  made,  and  any  conveyance  or  animal  used  for  the  transport  of  such  telegraph 
wires, shall be liable to confiscation by the Court unless the owner of the conveyance or animal proves 
that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the 
person in charge of the conveyance or animal and that each of them had taken all reasonable precautions 
against such use: 

Provided that where any such conveyance or animal is used for the transport of goods or passengers 
for hire, the owner of the conveyance or animal shall be given an option to pay in lieu of the confiscation 
of the conveyance or animal, a fine not exceeding the market price of the conveyance or animal on the 
date of seizure thereof or the value of the telegraph wires in relation to which the contravention has been 
made, whichever is less: 

Provided further that any telegraph wires, so seized and confiscated shall be handed over by the Court 

to such authority as may be specified by the Central Government.] 

7.  Cognizance  of  offences.—4[(1) No Court shall take cognizance of any offence punishable under 
this Act, except on a report in writing of the facts constituting such offence made by a person who is  a 
public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).] 

(2) No Court inferior to that of a presidency Magistrate or a Magistrate of the first class shall try any 

offence punishable under this Act. 

8. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

1. Subs. Act 44 of 1975, s. 3, for “to be mentioned in the judgment of the Court, such imprisonment” (w.e.f. 7-8-1975). 
2. Subs. by Act 53 of 1953, s. 5, for “fails to comply with the provisions of section 4” (w.e.f. 30-12-1953). 
3. Ins. by 44 of 1975, s. 4 (w.e.f. 7-8-1975). 
4. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 7-8-1975). 

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(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form in which, and the authorities to which, declarations under section 3 may be made; 

(b) the authorities to which, and the prices at which, telegraph wires may be sold under section 4. 
1[(3) Every rule made under this section shall be laid as soon as may be after it is made before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session 2[or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid] both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so however that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

1. Ins. by Act 15 of 1962, s. 3 (w.e.f. 30-3-1962). 
2. Subs. by Act 44 of 1975, s. 6, for “or in two suecessive sessions, and if, before the expiry of the session in which it is so laid or 

the session immediately following” (w.e.f. 7-8-1975). 

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