I was connected with an Actress (Currently I am not disclosing her name due to defamation issues) through Telegram. During my discussion with her I transferred some monies which she received in the account of her agents and not in her account. Later she deleted the Telegram account and not denying that claim of receiving the money in account of her agents . In fact she is denying that those people are not her agents. She is in fact denying that she was not operating that Telegram account. We have to file a suit in Telegram so telegram could preserve the mobile number and IP address which was used in that Telegram user id. Because Telegram generally preserves such data for 180 days. Also we have to file a suit in court so that court can issue the order to Telegram to disclose the mobile number and IP address which was operating against that Telegram user ID I have also submitted the complaint with the Cyber police station where I have submitted all the screen shot of payments, the identity of one of the receiver of payment has already been disclosed. and for the other receiver the police is still tracing the identity. How can we convince the Telegram to preserve the data and later disclose it.
Mr Gulati I have read Your matter and for further legal process please contact me to prepare Suit send me details. Thank You
Dear Sir, You are correct. Because many might face several difficulties. You may file a Writ Petition before High Court for suitable directions to The Telegram.
Dear Client as per your query, To ensure that data which is being processed, stored and disclosed by Telegram is preserved and produced, you can institute an urgent application under section 46 read with section 75 of the Information Technology Act, 2000 and rules made there under and Order XX-A Rule 3 of the Code of Civil Procedure, 1908. In more detail, use Section 91 of the Code of Criminal Procedure, 1973, which lets you ask for a court summons or a production order for documents that relate to an investigation or a trial, when it comes to the user data connected with the given suspicious account. Emphasize why section 75 of the IT Act grants jurisdiction to offences committed elsewhere, if they involved computer systems located inside the country, in your favor if Telegram’s data is stored elsewhere but bears relevance to India. In your prayer, request that Telegram be ordered to maintain IP address logs and related actual phone numbers with their highest frequency and typical retention time of approximately 180 days. Also prayed to grant the interim relief under Order XXXIX, Rules 1 & 2 of CPC hereinabove. For this, you want to provide payments proof such as payment receipts, interaction history, and online police complaint under Section 65B of the Indian Evidence Act, 1872 to prove the digital evidence admissible. This approach will enhance the significance of preserving the data which must be used to identify people implicated in an alleged fraud case.Feel free to book an appointment for a detailed discussion.
Dear Client, to address your case, Telegram typically retains user data for a very short period, generally one day for messages and other data unless otherwise mandated by law. However, under Indian law, they may be required to preserve data for 90 days initially and up to 180 days under certain conditions as per the Information Technology (Intermediaries Guidelines) Rules, 2011 and the updated 2021 guidelines. You will need to file a legal suit in court requesting an order for Telegram to preserve the relevant data associated with the actress's account. This includes her mobile number and IP address used during your communications. Courts often grant such orders when compelling evidence, such as screenshots of payments, is presented. Additionally, your court application should clearly state the necessity of accessing this information to support your claims related to financial transactions. You may consider contacting Telegram’s support team to notify them of ongoing legal proceedings and formally request that they retain the necessary data. Feel free to book an appointment for a detailed discussion.
