The Indian Wireless Telegraphy Act, 1933 (Act No. XVII of 1933) is a foundational piece of legislation, an Act of the colonial-era government, enacted on September 11, 1933, to regulate the possession and operation of wireless communication equipment in India. It was created because the existing Indian Telegraph Act, 1885, only controlled the establishment, maintenance, and working of telegraph apparatus, making it difficult to prosecute individuals using unlicensed wireless equipment. The problem it solved was the significant loss of revenue for the Indian State Broadcasting Service from unlicensed apparatus and the need to safeguard government interests in communication and security.
The Act's core mechanism is the prohibition of possession of wireless apparatus without a license. Section 3 explicitly states that no person shall possess "wireless telegraphy apparatus" except under and in accordance with a license issued under the Act. The term "wireless telegraphy apparatus" is broadly defined in Section 2(2) to include any equipment capable of use in wireless communication, such as radio transmitters and receivers. The Central Government is empowered under Section 4 to exempt certain persons or classes of persons from the Act's provisions. Contravention of Section 3 is an offense under Section 6, with penalties for possessing a wireless transmitter extending up to three years' imprisonment or a fine of up to one thousand rupees, or both. The Act connects directly to the Indian Telegraph Act, 1885, with Section 11 clarifying that a license under the 1933 Act does not authorize anything prohibited under the 1885 Act. The authority to issue licenses under the Act is the telegraph authority constituted under the Indian Telegraph Act, 1885.
The Act has been subject to amendments, such as the Telegraph Laws (Amendment) Act, 1961, which addressed the licensing of television apparatus. Crucially, the Indian Wireless Telegraphy Act, 1933, along with the Indian Telegraph Act, 1885, is slated for replacement by the new Telecommunications Bill, 2023, which was introduced in the Lok Sabha on December 18, 2023. The new Bill aims to consolidate and modernize the regulatory framework for the telecom sector, including the requirement for authorization to possess radio equipment.