Radio receiving sets fall within telegraph law, and unlicensed use can amount to an offence under the Act.

A radio receiving set was treated as a "telegraph" because it receives communications by electricity within the Indian Telegraph Act, 1885. The expressions "maintain" and "work" were given a wide meaning and were held to cover keeping such a set in usable condition and operating it to receive communications. On that basis, possession and use of a radio set without a licence amounted to contravention of the statutory licensing regime and attracted liability under the Act. Using a radio receiving set without a licence was therefore an offence, and the conviction under that provision was justified.

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Issues: Whether a radio receiving set is a "telegraph" within the meaning of the Indian Telegraph Act, 1885, and whether using or keeping such a set without a licence constitutes an offence under section 20 of that Act.

Analysis: A radio receiving set receives communications by means of electricity and therefore falls within the statutory definition of "telegraph". Section 4 of the Act gives the Central Government the exclusive privilege of establishing, maintaining and working telegraphs, while the first proviso permits licensing for any of those purposes. The expressions "maintain" and "work" are of wide import and extend to keeping a radio set in usable condition and operating it for reception of communications. A person who possesses and uses a radio set without a licence may therefore be said to maintain and work a telegraph in contravention of section 4, attracting section 20.

Conclusion: Using a radio receiving set without a licence is an offence under section 20 of the Indian Telegraph Act, 1885, and the conviction under that provision was justified.

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