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ApniLaw > Blog > Legal Articles > Documentation > Encrypted Messaging & National Security: How Apps Like WhatsApp & Telegram Are Linked to Modern Espionage in India
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Encrypted Messaging & National Security: How Apps Like WhatsApp & Telegram Are Linked to Modern Espionage in India

Anna Mutungura
Last updated: July 31, 2025 11:07 pm
Anna Mutungura
3 weeks ago
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Introduction

End-to-end encrypted messaging platforms such as WhatsApp, Telegram, and Signal are like our own personal spaces where we can communicate with ease, safe from spying eyes. But these same platforms have themselves become covert weapons for spy networks and radical groups based in and around India. In this article, we look at how end-to-end encrypted platforms are increasingly linked to national security issues, what India’s laws are at present, and how citizens can make sense of this new digital dilemma.

Contents
IntroductionWhy Encryption Is a Double-Edged SwordHigh-Stakes Cases Featuring the ThreatLegal Challenges & India’s Regulatory GapsWhy Telegram Raises Alarm BellsPrivacy vs. Security: India’s Constitutional CrossroadsA Way Forward: Legal Measures That Can AssistWhat You Can Do as an Active CitizenConclusion

Why Encryption Is a Double-Edged Sword

The central problem is end-to-end encryption (E2EE), a technology that encrypts messages so that only the sender and recipient can see them. Privacy is maintained, but it leaves law enforcement in the dark. Terrorists, foreign governments, or cyber-criminals can conceal their communications behind encrypted channels, making it very hard to surveil or intercept them. Encryption was designed to give power to users but abused, it can also cover up serious crime.

High-Stakes Cases Featuring the Threat

A number of high-profile cases in India have revealed the national security threats of encrypted messaging services. In the 2022 DRDO espionage case, a defense staffer disclosed secret military information through WhatsApp and VoIP, which made it difficult for authorities to access evidence—even with proper legal warrants. Likewise, intelligence agencies found that foreign agents employed Telegram to carry out honey-trap frauds, pushing Indian officials through pseudonymous sources. These incidents expose how end-to-end encryption not only protects privacy but also protects criminals and stalls investigations. India badly needs legal changes to govern access to encrypted information. in matters relating to espionage, cybercrime, and national security.

Legal Challenges & India’s Regulatory Gaps

India’s current legal tools, such as Section 69 of the IT Act, permit the government to intercept digital content in the interest of national security. While the Intermediary Rules of 2021 obligate platforms to identify the origin of some messages, implementing the rules is legally and technically challenging. WhatsApp has publicly defied traceability requests on grounds it infringes encryption and disregards privacy rights as enshrined in the Supreme Court’s Puttaswamy judgment. Consequently, most of the law is yet to be tested or stuck in court.

Why Telegram Raises Alarm Bells

Telegram, although well-liked for its feature-rich interface, is legally operating in a grey area. Only “secret chats” are completely encrypted, and they can easily cover their identity. In India, it has been discovered that Telegram channels have been used to facilitate:

  • Black market trade in forged documents and exam leaks
  •  Radical and extremist material
  • Anonymity groups organizing illegal activity

It is difficult for authorities to track the source or intercept these chats, particularly if the service is hosted outside of India.

Privacy vs. Security: India’s Constitutional Crossroads

At the heart of this controversy is Article 21 of the Indian Constitution that safeguards the right to privacy. Under the K.S. Puttaswamy judgment, any intrusion into privacy needs to pass three tests: it has to be legal, have a necessity, and be proportionate. This implies that any move to break encryption or impose traceability has to pass rigorous constitutional tests, and can’t supersede civil liberties in the interest of security.

A Way Forward: Legal Measures That Can Assist

India doesn’t have to disassemble encryption altogether. Instead, it can take the following steps:

  •  Creating limited decryption rules under judicial review
  •  Amending the IT Act to explicitly define terrorism or espionage through encrypted means
  •  Seeking collaboration from international platforms under international legal regimes
  •  Enhancing digital forensics training for law and judiciary

These changes can assist in protecting national interests without compromising individual rights.

What You Can Do as an Active Citizen

While encryption can keep your discussions safe, it also requires digital responsibility:

  •  Do not share unverified or provocative messages through encrypted platforms.
  •  Employ built-in safety measures such as reporting channels within the apps.
  •  Educate yourself: learn basic cyber laws and know what to do if you suspect illegal activity.

If you are surfing extremist content or suspect behavior, refer to official websites like [cybercrime.gov.in](https://cybercrime.gov.in) to report it, privacy and security can exist, if we use our wisdom.

Conclusion

Messaging apps that are encrypted provide essential privacy in the virtual world, but they also create vulnerabilities when abused by malicious forces. In India, finding this balance of duality is a challenge faced by laws and the constitution. A judicious, measured response, one that is sensitive to privacy but can empower security agencies is needed for a digital democracy. As users as well as citizens, being better informed and responsible ensures that encryption is a force for freedom and not anonymous chains.”.

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TAGGED:data privacyencrypted messagesEncryptionInformation Technology ActinternetIT ActNational Securitysocial media
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