Gurugram police have registered an FIR against WhatsApp's directors and nodal officers after the messaging app refused to provide information about three accounts linked to an investigation. The case invokes sections relating to disobeying an order issued by a public servant, concealing an offender to screen him from legal punishment and destruction of any document or electronic record that may have to be produced as evidence.
The FIR was filed on a complaint by an Inspector in the cyber police station. The complaint cited a May 27 FIR under cheating and criminal conspiracy charges. As part of its investigation, Gurugram police asked WhatsApp for information on four numbers used by the accused. A notice was sent to WhatsApp on July 17 via email. "On 19.07.2024, WhatsApp, in a deliberate act of non-compliance, raised objections, seeking clarification regarding the specific nature of the criminal activities allegedly perpetrated using these identified numbers."
On July 25, the police sent a detailed response, reiterating the demand for disclosure of the requisite information for the specified mobile numbers, "thus underscoring the necessity for the cooperation of WhatsApp in this investigation".
"WhatsApp presented further objections. A comprehensive response, emphasizing the exigency implicated in the investigation, was furnished on 23.08.2024. It was explicitly stated that the matter warranted immediate action due to the grave concerns surrounding investigation. However, despite due diligence and lawful requests, WhatsApp, on 28.08.2024, rejected the legitimate requisition. This refusal constitutes an overt act of disregard for statutory obligations," the police complaint says.
"The refusal of WhatsApp to comply with the lawfully promulgated orders by public authorities and their denial in furnishing the requested information, despite being legally mandated to do so under the prevailing laws of the land, constitutes a willful and contumacious disobedience of legal directives," it adds. "By not rendering the information as solicited, WhatsApp appears to have knowingly abetted the accused individuals, thereby engaging in deliberate suppression and obstruction of critical electronic evidence. This conduct amounts to a violation of statutory provisions designed to preserve and facilitate the administration of justice," the complaint says.
Accordingly, police have filed a case under Bharatiya Nyah Sanhita and the Information Technology Act. The FIR names one Krishna Choudhary and others.
According to the messaging app, which has nearly 3 billion unique users globally, it discloses account records solely in accordance with our terms of service and applicable law. "Additionally, we will assess whether requests are consistent with internationally recognized standards. These include human rights, due process, and the rule of law," it says in its website.
