Gurugram Police File FIR Against WhatsApp Over Non-Compliance In Investigation

The Gurugram police have filed a first information report against WhatsApp's directors and nodal officers after the messaging platform allegedly declined to provide details about three accounts involved in an investigation, NDTV reported on Sunday.

The case cites violations related to disobeying a public servant's order, concealing an offender to shield them from legal consequences, and the destruction of documents or electronic records that may need to be presented as evidence.

The FIR was lodged based on a complaint from an inspector at the cyber police station. This complaint referenced an FIR filed on May 27 related to charges of cheating and criminal conspiracy, according to NDTV.

The Gurugram police requested information from WhatsApp regarding four phone numbers associated with the accused in order to continue their investigation. A notice was sent to WhatsApp through an email on July 17, it said.

"On July 19, 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," the complaint said.

The police sent a detailed reply on July 25, emphasising the necessity of the disclosure of the information regarding the specified phone numbers, according to NDTV.

WhatsApp raised additional objections with the police department and, hence, were provided a detailed response on Aug. 23, highlighting the urgency related to their investigation.

"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 Aug. 28, rejected the legitimate requisition. This refusal constitutes an overt act of disregard for statutory obligations," the police complaint said.

"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," the report added quoting the complaint.

The complaint said that WhatsApp appears to have knowingly abetted the accused individuals, thereby engaging in deliberate suppression and obstruction of critical electronic evidence. By not rendering the information as solicited.

"This conduct amounts to a violation of statutory provisions designed to preserve and facilitate the administration of justice," the complaint stated.

The Gurugram police have filed a case under Bharatiya Nyaya Sanhita and the Information Technology Act. The FIR names one Krishna Choudhary and others, NDTV reported.

According to Whatsapp, it discloses account records solely in accordance with its 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 said on its website.