Indian Kanoon - Search engine for Indian Law

c. Telegram has not made any averment in the reply filed by it that the devices used in circulating the infringing material are not located in India. It is only the data of such channels and devices, that is claimed to be not located in India. Considering that the Plaintiffs' work relates to competitive examinations in India, it is nigh possible that the devices circulating the infringing content and the persons running the infringing platforms and channels are located in India. Even if some devices and the persons controlling the same are not in India, insofar as Indian law is concerned, the devices/equipment/network from which the transmission originates and the owners of such channels/devices, within India would be relevant. d. Cloud computing being the norm these days, as also pointed out by Telegram in its Privacy Policy at Clause 4, even if the data is stored in a physical structure outside India, the same is accessible to the company in other jurisdictions including from India. Telegram itself also states at Clause 8.2 that the data is shared among Telegram's group companies in Dubai and British Virgin Islands. Therefore, the data is accessible across different jurisdictions, including India and the conventional concepts of territoriality no longer exist, such that locating the physical server outside India would divest Indian Courts of their powers.

Provided also that the removal or disabling of access to any information, data or communication link within the categories of information specified under this clause, under clause (b) on a voluntary basis, or on the basis of grievances received under sub-rule (2) by such intermediary, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Act;