Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context,--
5[(1) "wireless communication" means any transmission, emission or reception of signs, signals, writing, images and sounds, or intelligence of any nature by means of electricity, magnetism, or Radio waves or Hertizian waves, without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus;
Explanation.--"Radio waves" or "Hertizian waves" means electro-magnetic waves of frequencies lower than 3,000 gigacyles per second propagated in space without artificial guide;]
(2) "wireless telegraphy apparatus" means any apparatus, appliance, instrument or material used or capable of use in wireless communication, and includes any article determined by rule made under section 10 to be wireless telegraphy apparatus, but does not include any such apparatus, appliance, instrument or material commonly used for other electrical purposes, unless it has been specially designed or adapted for wireless communication or forms part of some apparatus, appliance, instrument or material specially so designed or adapted, nor any article determined by rule made under section 10 not to be wireless telegraphy apparatus; 2 ***
3[(2A) "wireless transmitter" means any apparatus, appliance, instrument or material used or capable of use for transmission or emission of wireless communication;]
(3) "prescribed" means prescribed by rules made under section 10.
Judgements applying section 2
The Madurai Benchdismissed a criminal original petition filed to quash FIRs regarding the illegal possession of unlicensed wireless telegraphy apparatus. The Court held that possession without a license is per se illegal and found no merit in the petition.
DismissedOpenHIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 14094 of 2010(J) --------------------------------------
DisposedOpen