INTRODUCTION
With the rise of encrypted messaging apps, Telegram has become a popular platform not only for legitimate communication but also for criminal activities. One emerging concern is Telegram fraud—a form of cybercrime where scammers use the app to defraud people. Types of frauds often involve:
Fake job offers
Investment scams
Sextortion and blackmail
Impersonation of officials or trusted contacts
Sharing of pirated or illegal content for money
Scammers hide behind anonymity and encryption, making it hard to trace them. Victims often find themselves confused about how and where to report such crimes, especially when the accused is unknown or located in a different state or country.
JURISDICTIONAL CHALLENGES IN TELEGRAM FRAUD CASES
Anonymity of Offenders: Fraudsters often hide their identity using fake profiles and VPNs.
Cross-border Elements: Offences may originate from a different city, state, or even country.
Virtual Crime, Physical Impact: Fraud is committed online, but its impact is felt where the victim resides.
Unclear Police Jurisdiction: Local police stations may deny FIRs, citing lack of territorial jurisdiction.
Multiple Jurisdictions Involved: Messages, transactions, and servers may all be located in different places.
LEGAL REMEDIES AVAILABLE TO VICTIMS
File FIR Where Impact is Felt - According to Section 154 of the Criminal Procedure Code (CrPC), 1973, an FIR (First Information Report) can be filed in any police station where the offence has occurred or where a part of the cause of action arises.
In cybercrimes, including Telegram frauds, the question of territorial jurisdiction becomes tricky because:
The offence is committed online
The accused may be operating from another city or country
The fraud may involve multiple jurisdictions
The Supreme Court in Navinchandra N. Majithia v. State of Meghalaya (2000) held that FIRs in cybercrime cases can be filed at any place where the effect of the offense is felt. If the victim receives the fraudulent message or suffers the loss at a particular location, that place has jurisdiction.
Approach Cyber Cell: Most states have cybercrime police stations trained to handle online frauds.
If FIR is denied, write to the Superintendent of Police or file a complaint before a Magistrate under Section 156(3) CrPC.
Preserve Evidence: Save chats, transaction proofs, phone numbers, and usernames for investigation.
Legal Notice or Writ Petition: In serious cases, victims can send legal notices or move the High Court under Article 226 for direction.
RELEVANT CASE LAWS
In Navinchandra N. Majithia v. State of Meghalaya (2000) 8 SCC 323, the Supreme Court held that an FIR can be registered in any place where the consequences of a crime are felt. This is important in cybercrime cases like Telegram fraud, where the victim can file a complaint in their own city even if the offender is elsewhere.
In Google India Pvt. Ltd. v. Visaka Industries (2020) 4 SCC 162, it was held that online platforms are not automatically responsible for what users post, unless they fail to act on legal complaints or court orders. This ruling is relevant when assessing Telegram’s liability in fraud cases.
FAQs
Q1. What is Telegram fraud?
Telegram fraud involves scams committed using the Telegram app, such as fake job offers, investment schemes, impersonation, blackmail, or phishing.
Q2. Can I file an FIR if I don’t know who scammed me?
Yes, you can still file an FIR against "unknown persons." Provide all available evidence, like messages, screenshots, and transaction details.
Q3. Where should I file the FIR if the scammer is in another state or country?
You can file the FIR in the city where you received the fraudulent message or where you suffered the loss.
Q4. What if the local police refuse to register my FIR?
You can escalate by writing to the Superintendent of Police or file a complaint before a Magistrate under Section 156(3) CrPC.
Q5. Is Telegram legally responsible for the fraud?
Telegram, as an intermediary, is not directly liable unless it fails to act on lawful government or court directions.
Q6. Is there a time limit to file a complaint in cybercrime cases?
There’s no fixed deadline, but it's best to file the complaint as early as possible to aid investigation.
CONCLUSION
This blog explored the growing issue of Telegram fraud and jurisdictional challenges that victims face when trying to file FIRs in India. It explained how such scams operate, where and how an FIR can be filed, and what legal remedies are available.
While Telegram and similar platforms offer privacy and convenience, they also create opportunities for misuse. Victims should not feel helpless due to jurisdictional confusion. It is important to spread awareness about cybercrime laws and encourage timely reporting. The legal system must continue to evolve to ensure that technology is not misused as a tool for exploitation.
