Gurugram police have lodged an FIR against WhatsApp's directors and nodal officers after the messaging platform declined to provide information regarding three accounts involved in an ongoing investigation. The case cites several sections related to disobeying a public servant's order, concealing an offender to protect them from legal consequences, and the destruction of any document or electronic evidence that may be needed in court.
FIR Filed By Cyber Police Inspector
The FIR was filed following a complaint from an Inspector at the cyber police station, which referred to a previous FIR dated May 27 concerning charges of cheating and criminal conspiracy. As part of their investigation, Gurugram police sought information on four phone numbers associated with the accused. They sent a formal notice to WhatsApp on July 17 via email. However, on July 19, WhatsApp raised objections, requesting clarification about the specific nature of the alleged criminal activities linked to the identified numbers.
In response, the police provided a detailed answer on July 25, reiterating the need for WhatsApp’s cooperation in disclosing the requested information related to the specified mobile numbers. The police emphasized the importance of this information for their investigation.
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WhatsApp, however, continued to present objections. The police followed up with another comprehensive response on August 23, stressing the urgency of the situation and the serious concerns surrounding the investigation. Despite these lawful requests, WhatsApp formally rejected the police's requisition on August 28, which the police viewed as a blatant disregard for their statutory obligations.
The complaint states that WhatsApp's refusal to comply with lawful orders from public authorities constitutes a willful disobedience of legal directives. By failing to provide the requested information, WhatsApp is perceived to have knowingly aided the accused individuals, engaging in the deliberate suppression and obstruction of crucial electronic evidence. This behavior is seen as a violation of statutory provisions that are intended to uphold and facilitate the administration of justice.
Case Filed In The Matter
In light of these circumstances, police have filed a case under the Bharatiya Nyaya Sanhita and the Information Technology Act, naming one Krishna Choudhary and others in the FIR.
WhatsApp, which boasts nearly 3 billion unique users worldwide, has stated that it only discloses account records in accordance with its terms of service and applicable laws. The company also indicated that it assesses whether requests align with internationally recognised standards, including human rights, due process, and the rule of law, as detailed on its website.
