Telegram Premium in Exchange for SMS Relays: Legal Risks Under Indian Law and the IT Act

Introduction: The Temptation of a 'Free' Subscription

Instant messaging platform Telegram introduced a contentious feature termed the Peer-to-Peer (P2P) Login Program. Under this initiative, Telegram incentivises users—predominantly Android subscribers in select jurisdictions—with a free Telegram Premium subscription. In return, the user agrees to let Telegram use their cellular connection and phone number to relay One-Time Passwords (OTPs) and login verification codes to other users attempting to sign into the platform.

While receiving a monthly subscription worth several hundred rupees without paying out-of-pocket appears lucrative, the real cost is far steeper. By turning your personal smartphone into an unmonitored SMS gateway, you compromise your privacy, risk severe telecom billing surges, and expose yourself to acute civil and criminal liability under Indian law.

For smartphone users across Mumbai, Thane, and Mira Road, participating in or falling victim to this relay mechanism invites serious legal consequences. This article provides a comprehensive legal and technical analysis of the P2P login threat and examines the liabilities arising under the Information Technology Act, 2000, telecom regulations, and the Bharatiya Nyaya Sanhita, 2023 (BNS).

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How Telegram's P2P Login Program Works

Conventionally, digital platforms employ enterprise-grade Application-to-Person (A2P) SMS aggregators to dispatch authentication codes. This process costs platforms substantial capital in international and domestic SMS termination tariffs.

Telegram's P2P feature crowdsources this architecture by shifting the financial and operational burden directly onto its user base:

1. User Enrolment: A user opts into the P2P Login Program via Telegram's settings.
2. SMS Quota Assignment: Telegram gains authorization to send up to 100 to 150 SMS messages per month using the user's mobile carrier plan.
3. Recipient Exposure: When a stranger attempts to log in to Telegram anywhere in the world, the login OTP is dispatched directly from the participating user's personal SIM card.
4. Reward: Upon hitting Telegram's dispatch quota, the user receives an activation code for Telegram Premium.

Critically, Telegram's own P2P Terms of Service acknowledge that the sender's personal mobile number is entirely visible to the recipient of the OTP. The platform explicitly disclaims any liability for subsequent interactions, harassment, or damages arising from this disclosure.

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The Technical and Personal Hazards

Before analyzing statutory violations, it is vital to understand the primary real-world risks associated with this mechanism:

• Doxing and Harassment: Recipients of login codes can view the sender's private number. If a recipient is malicious, they can call, send abusive messages, attempt social engineering attacks, or dox the sender online.
• Financial Shock: Indian telecom operators generally cap standard bundled SMS benefits or charge exorbitant rates for cross-circle or international text messages. Relaying high volumes of SMS messages can drain prepaid balances or inflate postpaid bills.
• Targeting Women: In Indian urban centres such as Mumbai and Mira-Bhayandar, unauthorized dissemination of women's personal mobile numbers frequently leads to severe stalking, unsolicited calls, and cyber harassment.

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Regulatory Breaches: Violations of TRAI and Telecom Directives

In India, the operation of commercial messaging frameworks is strictly regulated by the Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunications (DoT).

1. Violation of TCCCPR 2018

Under the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR), no individual or entity may transmit bulk commercial or transactional communications without registering as a Principal Entity and using registered headers and templates on the Distributed Ledger Technology (DLT) platform.

Using a standard consumer SIM card (Person-to-Person or P2P) to route third-party authentication codes (Application-to-Person or A2P) constitutes an unauthorized bypass of commercial telecom gateways.

2. SIM Blacklisting and Contract Termination

Indian telecom service providers (Jio, Airtel, Vodafone Idea) incorporate clauses within their Customer Application Forms (CAF) expressly prohibiting the use of personal SIMs for automated machine-to-person relays or third-party bulk messaging. Detected accounts risk immediate disconnection, forfeiture of mobile numbers, and potential blacklisting across operators.

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Criminal Exposure Under the IT Act and the Bharatiya Nyaya Sanhita (BNS), 2023

Many users assume that because an application initiated the messages, they bear no culpability. Under Indian jurisprudence, this assumption is hazardous.

1. The 'Digital Mule' Dilemma

Law enforcement agencies tracking cyber syndicates—such as financial fraudsters, unauthorized lending apps, and extortion rings operating over Telegram—monitor digital footprints, including the numbers transmitting onboarding credentials. If your phone number is recorded as the origin of an OTP used to activate a fraudulent Telegram profile, police records will flag your SIM card as the primary instrument of the crime.

2. Information Technology Act, 2000

• Section 43 & Section 66: If a user permits software to automatically relay messages that breach network integrity or cause wrongful loss to telecom systems, they face civil damages under Section 43 and criminal liability (up to three years imprisonment) under Section 66.
• Section 66C (Identity Theft): Sending authentication credentials that facilitate unauthorized access to another person's account or system can attract penalties under Section 66C.
• Section 66D (Cheating by Personation): If an account verified via your relay is employed to defraud citizens, law enforcement may treat your number as an accomplice or instrument in the impersonation chain.

3. Bharatiya Nyaya Sanhita, 2023 (BNS)

• Section 318 (Cheating): Facilitating the deceptive induction of property or credentials engages cheating provisions.
• Section 61 (Criminal Conspiracy): While the subscriber may not have actively conspired to commit fraud, being the registered owner of the transmission mechanism creates prima facie investigative grounds for abetment or conspiracy until proven otherwise.

When local police investigate cyber fraud, the registered owner of the SIM bears the immediate procedural burden of explaining their involvement, often involving police notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

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Legal Remedies and Reporting for Residents of Mumbai, Thane, and Mira Road

If you have inadvertently enabled this feature, received mysterious OTPs from unknown personal numbers, or had your number flagged in connection with illicit messages, take proactive steps immediately:

1. Immediate Technical Containment

• Open Telegram > Settings > Phone Number / Security > disable any option relating to the Peer-to-Peer Login Program.
• Revoke SMS permissions for Telegram in your device's operating system settings.
• Review itemised mobile carrier bills for unauthorized international or out-of-plan SMS dispatches.

2. Lodging a Formal Cyber Crime Complaint

Residents in the Mumbai Metropolitan Region (MMR) must establish a contemporaneous written record demonstrating that their SIM was compromised or misused without criminal intent:

• National Cyber Crime Reporting Portal: Immediately log a formal report at cybercrime.gov.in or dial the national cyber helpline at 1930.
• Cyber Police Stations:
  • Mumbai: Approach the Cyber Police Station (e.g., BKC Cyber Crime Police Station or your jurisdictional zonal cyber unit).
  • Thane: File a report with the Thane Cyber Crime Branch at the Police Commissionerate.
  • Mira Road & Bhayandar: Lodge a formal complaint with the Mira-Bhayandar, Vasai-Virar (MBVV) Cyber Crime Police Station.

Document your device logs, application settings, and carrier statements. These records serve as critical documentary evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to establish your lack of mens rea (criminal intent).

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Frequently Asked Questions (FAQs)

1. Can I be arrested if someone uses my Telegram relay number to commit financial fraud?

If an account activated through your phone number commits a crime, law enforcement will trace the initial OTP transmission back to your SIM. While an arrest requires proof of complicity, you may face formal summons, device seizure under the BNSS, and rigorous interrogation until your lack of criminal intent is legally established.

2. Does Telegram cover international SMS charges accrued under the program?

No. Telegram's terms state that users remain exclusively responsible for all carrier rates, taxes, and SMS charges incurred through participation in the P2P login scheme.

3. What should I do if strangers begin calling or messaging my personal number?

Immediately disable the P2P feature on Telegram, block the numbers, and document the incoming logs. If the communications involve harassment, intimidation, or extortion, submit a complaint under Section 78/79 of the BNS (stalking/harassment) at your local police station.

4. Is the P2P Login Program illegal per se in India?

While participating in a software referral system is not inherently illegal, utilizing an ordinary consumer SIM to distribute third-party commercial authentication codes breaches TRAI regulations and mobile carrier agreements, and risks severe exposure under the IT Act if misused.

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Conclusion: Prioritise Legal Security Over Free Perks

A premium subscription is never worth trading your privacy, financial security, and clean legal record for. In an era of intense scrutiny over cyber fraud and digital identity, opening your personal SIM card to third-party routing creates liabilities that far outweigh any temporary digital perk.

If you are facing legal notices from law enforcement, dealing with SIM deactivation, or navigating cyber fraud allegations in Mumbai, Thane, or Mira Road, professional guidance is essential.

APS Law provides strategic counsel in cyber law, telecom compliance, and criminal defense. Contact our legal team to schedule a consultation.